Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Dickey County
North Dakota Supreme Court
Appeal from District Court, Dickey County; Glaspell, J. Action by the Minneapolis, St. Paul & Sault Ste. Marie Railway Company against Dickey county and another. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Dickey County; Glaspell, J. Action by the Minneapolis, St. Paul & Sault Ste. Marie Railway Company against Dickey county and another. Judgment for defendants, and plaintiff appeals. The Board of County Commissioners did not prepare, record or publish an itemized statement of the county expenses as a basis for tax levy, and their failure so to do defeated the jurisdiction of the board to levy a tax. § 1228, Rev. Codes; Shattuck v. Smith, 6 N. D. Rep. 70; Dever v. Cornzvell, 10 N. D. 123, 86 N. W. Rep. 227. Mandatory provisions of the statute must be specifically…
1Opinion of the CourtMorgan, J.
The plaintiff in this action seeks to have certain taxes, claimed to have been illegally levied against it, set aside, and the collection of such taxes perpetually restrained. The grounds on which it seeks to secure such permanent injunction are the following, as recited in the complaint: That the county commissioners failed to make a lawful levy of any taxes in said county for the year 1900, for the reason that such commissioners did not make the itemized statement of the county expenses for the ensuing year, as provided by section 1228, Rev. Codes. The proceedings of the county…
2Cases cited7 opinions
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
- Eaton v. BennettNorth Dakota Supreme Court · 1901
- St. Anthony & Dakota Elevator Co. v. Bottineau CountyNorth Dakota Supreme Court · 1900
- Schaffner v. YoungNorth Dakota Supreme Court · 1901
- State ex rel. St. Paul City Railway Co. v. District CourtSupreme Court of Minnesota · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bismarck Water Supply Co. v. BarnesNorth Dakota Supreme Court · 1915
- Great Northern Railway Co. v. MustadNorth Dakota Supreme Court · 1948
- Red River Valley Brick Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Chicago & N. W. Ry. Co. v. RolfsonSouth Dakota Supreme Court · 1909
- Chicago, Milwaukee, & Puget Sound Railway Co. v. Bowman CountyNorth Dakota Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.