Paine v. Dickey County
North Dakota Supreme Court
Appeal 'from District Court, Dickey County; Lauder, J. Action by J. A. Paine against Dickey County. From an order sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtWallin, J.
This action' is brought, under section 84 of the Revenue Law of 1890, to recover certain amounts paid into the defendant’s treasury for land sold for taxes in said County of *582Dickey at the tax sales of 1890 and 1891, with interest thereon, as provided in said section. The material facts stated in the complaint and admitted by the demurrer are as follows: The lands described •in the complaint, at the time the taxes in question Were assessed and levied, were not subject to taxation, and for that reason said taxes were illegal and totally void. Nevertheless said lands were sold for such illegal…
2Cases cited6 opinions
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
- Roberts v. First National BankNorth Dakota Supreme Court · 1899
- Fleming v. RoverudSupreme Court of Minnesota · 1883
- Divet v. Richland CountyNorth Dakota Supreme Court · 1898
- Tyler v. Cass CountyNorth Dakota Supreme Court · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- State Finance Co. v. BeckNorth Dakota Supreme Court · 1906
- State ex rel. Kol v. North Dakota Children's Home SocietyNorth Dakota Supreme Court · 1901
- Petters & Co. v. Nelson CountyNorth Dakota Supreme Court · 1938
5 more not listed; retrieve them via the Exa API.