Bismarck Water Supply Co. v. Barnes
North Dakota Supreme Court
From a judgment of the District Court of Burleigh County, Nuessle? J., plaintiff‘appeals. The plaintiff is entitled to equitable remedy, or to injunction. The value of the personal property taken by the sheriff, as well as any damages suffered, cannot be ascertained and recovered in an action at law. Schaffner v. Young, .10 N. D. 245, 86 N. W. 733; 5 Pom. Eq.
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From a judgment of the District Court of Burleigh County, Nuessle? J., plaintiff‘appeals. The plaintiff is entitled to equitable remedy, or to injunction. The value of the personal property taken by the sheriff, as well as any damages suffered, cannot be ascertained and recovered in an action at law. Schaffner v. Young, .10 N. D. 245, 86 N. W. 733; 5 Pom. Eq. Jur. §§ 359, 362. Where such is the condition, or where the personal property is of such a character that irreparable injury will ensue, the rule is that resort may be had to equitable remedies. Bank of Kentucky v. Stone, 88 Fed. 383,…
1Opinion of the CourtChristianson, J.
This is an action in equity brought to enjoin the defendant Barnes, who is the sheriff of Burleigh county, from enforcing a certain personal property tax levied against plaintiff’s property situated in the city of Bismarck, in Burleigh county, for the years 1909' and 1910. The city of Bismarck and the county of Burleigh were also-made parties defendant.
The suit was commenced on January 31, 1912, in the district court, of Burleigh county. The plaintiff is a foreign corporation organized under the laws of the state of West Virginia, owning and operating the waterworks plant in the City of…
2Cases cited24 opinions
- Taylor v. SecorSupreme Court of the United States · 1876
- Dows v. City of ChicagoSupreme Court of the United States · 1871
- Youngblood v. SextonMichigan Supreme Court · 1875
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
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3Cited by25 opinions
- Chester v. EinarsonNorth Dakota Supreme Court · 1948
- Ford Motor Co. v. StateNorth Dakota Supreme Court · 1930
- Great Northern Railway Co. v. MustadNorth Dakota Supreme Court · 1948
- State ex rel. Linde v. PackardNorth Dakota Supreme Court · 1915
- Fish v. FranceNorth Dakota Supreme Court · 1942
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