Picton v. County of Cass
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Action by Peter Picton against the County of Cass and others. Judgment for defendants, and plaintiff appeals. The act in question, Chap. 161, Laws of 1903, vests in the board of county commissioners, power to decide upon the expediency and advisability of the collection of the general revenues of the state, and its municipalities within their respective counties.
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Appeal from District Court, Cass County; Pollock, J. Action by Peter Picton against the County of Cass and others. Judgment for defendants, and plaintiff appeals. The act in question, Chap. 161, Laws of 1903, vests in the board of county commissioners, power to decide upon the expediency and advisability of the collection of the general revenues of the state, and its municipalities within their respective counties. This is delegating legislative power to such board, and the legislature has no power to do this. Barto v. Himrod, 8 N. Y. 483; Ex parte Wall, 48 Cal. 279; Bank v. Brown, 26 N. Y.…
1Opinion of the CourtYoung, C. J.
This action was brought by a resident and taxpayer of Cass county against the county commissioners and clerk of the district court of that county to enjoin further proceedings for the collection of real estate taxes under the provisions of chapter 161, p. 213, Laws 1903, which is entitled: “An act to enable boards of county commissioners to institute proceedings to enforce payment of taxes on real property sold to the state or county for taxes, and remaining unredeemed for more than three years.” The defendants filed a general demurrer to the complaint. This was sustained, and judgment was…
2Cases cited31 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Santo v. StateSupreme Court of Iowa · 1855
- Hellman v. ShoultersCalifornia Supreme Court · 1896
- Barto v. . HimrodNew York Court of Appeals · 1853
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
26 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Ferch v. Housing Authority of Cass CountyNorth Dakota Supreme Court · 1953
- North Dakota Council of School Administrators v. SinnerNorth Dakota Supreme Court · 1990
- Livesay v. DearmondOregon Supreme Court · 1929
- Vallelly v. Board of Park CommissionersNorth Dakota Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.