Sawyer v. Dooley
Nevada Supreme Court
Appeal from tbe District Court of tbe State of Nevada, Lincoln county. Cr. F. Talbot, District Judge. Tbe facts fully appear in tbe following statement by the justice delivering the opinion. Action brought to restrain defendant, as tax collector of Lincoln county, from selling certain property of tbe plaintiff for taxes delinquent for tbe year 1891, amounting to fifty dollars and five cents.
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Appeal from tbe District Court of tbe State of Nevada, Lincoln county. Cr. F. Talbot, District Judge. Tbe facts fully appear in tbe following statement by the justice delivering the opinion. Action brought to restrain defendant, as tax collector of Lincoln county, from selling certain property of tbe plaintiff for taxes delinquent for tbe year 1891, amounting to fifty dollars and five cents. Tbe agreed facts are that tbe plaintiff was tbe owner of certain pro]:>erty which was duly assessed by the assessor of that county for the year 1891. That the county board of equalization made no change…
1Opinion of the Court
By the Court, Bigelow, J.
(after stating the facts as above]:
1. Where the amount of a delinquent tax is less than three hundred dollars, the statute (Stat. 1891, p. 147 el seq.) authorizes the county treasurer to sell the property upon which the tux is a lien by simply giving certain notices, instead of there being an action brought in a court, and judgment obtained, as must be done where the tax is more than that amount. It is first claimed that this law is unconstitutional, because it deprives a person of property without due process of law. This point has, however, been too often decided…
2Cases cited19 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Taylor v. SecorSupreme Court of the United States · 1876
- Cummings v. National BankSupreme Court of the United States · 1880
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- Kelly v. PittsburghSupreme Court of the United States · 1881
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3Cited by23 opinions
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State ex rel. White v. BarkerSupreme Court of Iowa · 1902
- Galusha v. WendtSupreme Court of Iowa · 1901
- Ormsby County v. KearneyNevada Supreme Court · 1914
- Southern Railway Co. v. Cherokee CountySupreme Court of North Carolina · 1919
18 more not listed; retrieve them via the Exa API.