Wells County v. McHenry
North Dakota Supreme Court
Proceeding by Wells County against Edwin H. McHenry and Frank G. Bigelow, as receivers of the Northern Pacific Railroad Company, to enforce payment of taxes. A judgment was rendered for plaintiff. Certain questions are certified here by the trial court; Glaspel, J. Section 9, Ch. 67, Laws 1897 is substantially the same as § 1588, Rev. Stats.
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Proceeding by Wells County against Edwin H. McHenry and Frank G. Bigelow, as receivers of the Northern Pacific Railroad Company, to enforce payment of taxes. A judgment was rendered for plaintiff. Certain questions are certified here by the trial court; Glaspel, J. Section 9, Ch. 67, Laws 1897 is substantially the same as § 1588, Rev. Stats. Minn. 1894. The Minnesota adjudications upon this law declare that its purpose is to cut off technical defenses which do not go to the merits. Commissioners v. Nettleton, 22 Minn. 356; State v. Certain Lands, 42 N. W. Rep. 474; Comity v. Bachelder, 50 N.…
1Opinion of the CourtCorliss, C. J.
The record in this proceeding is certified to us by the District Court without an appeal, under the provisions of § 10, Ch. 67, Laws 1897. The proper steps having been taken under this statute to obtain tax judgments against lands owned by the Northern Pacific Railroad Company, the defendants, who are receivers of such company, filed their answers setting up various defenses, which will be more specifically referred to as the points certified to us for decision are severally discussed. *250Some of the lands are indemity lands. They were selected by the company, in manner and form as prescribed by…
2Cases cited26 opinions
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Northern Pacific Railroad v. Traill CountySupreme Court of the United States · 1885
- Grant v. BurrCalifornia Supreme Court · 1880
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3Cited by34 opinions
- Conrad Joyner v. Rose Mofford, Secretary of State, State of Arizona Robert K. Corbin, Attorney General, State of ArizonaCourt of Appeals for the Ninth Circuit · 1983
- Amerada Hess Corp. v. ConradNorth Dakota Supreme Court · 1987
- Beggs v. PaineNorth Dakota Supreme Court · 1906
- Fisher v. BettsNorth Dakota Supreme Court · 1903
- Dever v. CornwellNorth Dakota Supreme Court · 1901
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