Farwell, Ozmun, Kirk, & Co v. Wallace
North Dakota Supreme Court
Appeal from district court of Burleigb County, J. M. Hanley, Special Judge. The credits, whether secured or unsecured, owing to the plaintiffs from debtors residing in North Dakota, have no taxable situs in North Dakota and are beyond the taxing power of the state, and in so far as the laws attempt to impose such a tax they are in violation of the clue process clause and the contract clause of the Federal Constitution.
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Appeal from district court of Burleigb County, J. M. Hanley, Special Judge. The credits, whether secured or unsecured, owing to the plaintiffs from debtors residing in North Dakota, have no taxable situs in North Dakota and are beyond the taxing power of the state, and in so far as the laws attempt to impose such a tax they are in violation of the clue process clause and the contract clause of the Federal Constitution. State Tax on Foreign-Held Bonds, 15 Wall. 300; Walker v. Jack, 88 Fed. 576; New Orleans v. Stempel, 175 U. S. 309; Bristol v. Washington County, 177 TJ. S. 133; Metropolitan L.…
1Opinion of the CourtBikdzell, J.
This is an appeal from a judgment of dismissal entered pursuant to an order sustaining a demurrer to the complaint. The action is one brought by a number of plaintiffs who are foreign corporations against the defendants, the Tax Commissioner, the Attorney General, and all of the county auditors of the state, to enjoin them from listing for purposes of taxation open accounts and promissory notes owned by plaintiffs, arising out of business transacted in a manner hereinafter to be described, and from attempting to tax the plaintiffs on account of such accounts or notes and from levying any…
2Cases cited20 opinions
- Robbins v. Shelby County Taxing DistrictSupreme Court of the United States · 1887
- International Textbook Co. v. PiggSupreme Court of the United States · 1910
- Brown v. HoustonSupreme Court of the United States · 1885
- Leloup v. Port of MobileSupreme Court of the United States · 1888
- Adams Express Co. v. Ohio State AuditorSupreme Court of the United States · 1897
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3Cited by5 opinions
- Capital Trust & Savings Bank v. WallaceNorth Dakota Supreme Court · 1920
- State ex rel. Farwell, Ozmun, Kirk, & Co. v. WallaceNorth Dakota Supreme Court · 1920
- Simon v. Chicago, Milwaukee & St. Paul Railway Co.North Dakota Supreme Court · 1923
- State v. Northwestern States Portland Cement Co.Supreme Court of Minnesota · 1957
- State v. Northwestern States Portland Cement Co.Supreme Court of Minnesota · 1957