Northern Pacific Railroad v. Carland
Montana Supreme Court
Appeal from Gallatin County, First Judicial District. I. This is an action brought to enjoin the defendant from collecting taxes on the “railroad” of the plaintiff, it claiming immunity from such tax by virtue of section 2 of its act of incorporation (13 U. S. Stat. at Large, p. 365), which defines the “right of way to be” two hundred feet in width on “each side of said railroad where it may pass through the public domain, including all necessary ground for station…
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Appeal from Gallatin County, First Judicial District. I. This is an action brought to enjoin the defendant from collecting taxes on the “railroad” of the plaintiff, it claiming immunity from such tax by virtue of section 2 of its act of incorporation (13 U. S. Stat. at Large, p. 365), which defines the “right of way to be” two hundred feet in width on “each side of said railroad where it may pass through the public domain, including all necessary ground for station buildings, work-shops, depots, machine-shops, switches, side tracks, turn-tables and water stations,” and which provides that…
1Opinion of the Court
Wade, O. J.
This is an action in the nature of a bill in equity to enjoin the collection of a tax assessed by the assessor of Ouster county, which the treasurer thereof, the defendant herein, is attempting to collect, upon “twenty miles of railroad and rolling stock” of the plaintiff, situated in said county of Custer and territory of Montana. There was a demurrer to the complaint, which was sustained, and the plaintiff abiding its complaint, judgment was rendered for the defendant, from which plaintiff appeals.
The action was commenced in the district court of the first judicial district, at…
2Cases cited50 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Dows v. City of ChicagoSupreme Court of the United States · 1871
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3Cited by18 opinions
- City of Missoula v. MixMontana Supreme Court · 1950
- Atlantic & Pacific Railroad v. LesueurArizona Supreme Court · 1888
- Mannix v. Powell CountyMontana Supreme Court · 1921
- State v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1905
- Northern Pacific Railroad v. PattersonMontana Supreme Court · 1890
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