Legal Opinion

Tong v. Maher

Montana Supreme Court

Decided March 2, 1912No. 3,082PublishedCited by 9 opinions

Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Julia B. Tong, executrix of the last will and testament of George H. Tong, deceased, against James Maher, county treasurer of Silver Bow county, Montana. From a judgment for defendant, plaintiff appeals. Cause submitted on briefs of counsel.

1Opinion of the CourtJustice Smith

This is an appeal by the plaintiff from a judgment on the pleadings, rendered by the district court of Silver Bow county, in favor of the defendant, dismissing the complaint.

The facts disclosed by the various pleadings are: That in July, 1904, the assessor of Silver Bow county assessed to the estate of George H. Tong, deceased, “the sum of $98,975 for pretended not proceeds of the Goldsmith quartz lode mining claim for the year ending May 31, 1904." A tax of $2,683.22 was levied pursuant to said assessment. Prior to January 14, 1904, the legal title to the mining claim was held by the State…

2Cases cited1 opinion

  1. Butte Land & Investment Co. v. SheehanMontana Supreme Court · 1911

3Cited by9 opinions

  1. Homestake Exploration Corp. v. SchoreggeMontana Supreme Court · 1928
  2. Byrne v. Fulton Oil Co.Montana Supreme Court · 1929
  3. Forbes v. Mid-Northern Oil Co.Montana Supreme Court · 1935
  4. Northern Pacific Railway Co. v. Musselshell CountyMontana Supreme Court · 1925
  5. Hanley v. Federal Mining & Smelting Co.District Court, D. Idaho · 1916

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