Lawrence v. Defenbach
Idaho Supreme Court
Original action for writ of mandamus to compel the assessor to execute a tax deed. Retroactive or retrospective statutes relate to past acts and transactions. They are not looked upon with favor.
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Original action for writ of mandamus to compel the assessor to execute a tax deed. Retroactive or retrospective statutes relate to past acts and transactions. They are not looked upon with favor. (2 Lewis’ Sutherland Stat. Const., sees. 641, 1160, 1161; Montpelier v. Senter, 72 Yt. 112, 47 Atl. 392; Brown v. Hughes, 89 Minn 150, 94 N. W. 438. See, also, Bauer Grocer Go. v. Zelle, 172 111. 407, 50 N. E. 238, and numerous eases cited in the note to p. 1158, 2 Sutherland, supra.) The rule is especially applicable where the statute, if given a retrospective operation, would be invalid, as…
1Opinion of the CourtStewart, C. J.
— This is an original action brought in this, court by J. G. Lawrence against Byron Defenbaeh, county assessor and ex-officio, tax collector for the .county of Bonner, state of Idaho, and Moses Corbeille. The purpose of the action is to secure a writ of mandate, compelling the-defendant Byron Defenbaeh to execute a tax deed to the applicant, upon tax sale certificates issued by the assessor and ex-officio tax collector of. Bonner .county for delinquent taxes. *80assessed for the year 1907 upon certain real estate, such certificates having been transferred on the 8th of December, 1908, upon sale…
2Cases cited5 opinions
- Merrill v. DearingSupreme Court of Minnesota · 1884
- Cargill v. PowerMichigan Supreme Court · 1850
- Robinson v. HoweWisconsin Supreme Court · 1861
- Rollins v. WrightCalifornia Supreme Court · 1892
- Haaren v. HighCalifornia Supreme Court · 1893
3Cited by15 opinions
- Cook v. MasseyIdaho Supreme Court · 1923
- Kelley v. ProutyIdaho Supreme Court · 1934
- McCoy v. KrengelIdaho Supreme Court · 1932
- Grieb, County Clerk v. Natl. Bank of Ky.'s Rec.Court of Appeals of Kentucky (pre-1976) · 1933
- Independent School Districts Nos. 1, 2, 3, 5, 7 & 9 v. Common School Districts Nos. 1Idaho Supreme Court · 1936
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