Missouri River Power Co. v. Steele
Montana Supreme Court
Appeal from District Court, Lewis and Claris County; Henry C. Smith, Judge. Action by tbe Missouri River Power Company, a corporation, against W. L. Steele, treasurer of Lewis and Clark county. Prom an order granting plaintiff’s application for an injunction pendente lite, defendant appeals. The tax is illegal and not authorized by law. Section 3698, Political Code of Montana, is unconstitutional, and all proceedings thereunder are unlawful.
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Appeal from District Court, Lewis and Claris County; Henry C. Smith, Judge. Action by tbe Missouri River Power Company, a corporation, against W. L. Steele, treasurer of Lewis and Clark county. Prom an order granting plaintiff’s application for an injunction pendente lite, defendant appeals. The tax is illegal and not authorized by law. Section 3698, Political Code of Montana, is unconstitutional, and all proceedings thereunder are unlawful. The principles of law which govern this case are very similar to those involved in the case of Mutual Life Ins. Co. v. Martien, 27 Mont. 437, 71 Pac.…
1Opinion of the CourtJustice Holloway
This is an appeal from an order of the district court granting an injunction pendente lite. The object of the suit is to restrain the county treasurer of Lewis and Clark county from selling certain real estate belonging to plaintiff for delinquent taxes assessed against such property for the year 1902.
*436It is alleged in the complaint that on January 20, 1902, Honorable Henry 0. Smith, senior judge of the district court of Lewis and Clark county, duly appointed a board of appraisers pursuant to the provisions of section 3698 of the Political Code and amendments thereto; that such board did fix…
2Cases cited2 opinions
- Ex Parte BoyceNevada Supreme Court · 1904
- Mutual Life Insurance Co. of New York v. MartienMontana Supreme Court · 1903
3Cited by17 opinions
- Meech v. Hillhaven West, Inc.Montana Supreme Court · 1989
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- State v. State Board of EqualizationMontana Supreme Court · 1919
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