Legal Opinion

Montana Ore Purchasing Co. v. Maher

Montana Supreme Court

Decided June 3, 1905No. 2,145PublishedCited by 22 opinions

Appeal from, District Court, Silver Bow County; B. W. Harney, Judge. Action by tbe Montana Ore Purchasing Company against James Maher, county treasurer of Silver Bow county. Prom a judgment in favor of plaintiff, defendant appeals.

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Appeal from, District Court, Silver Bow County; B. W. Harney, Judge. Action by tbe Montana Ore Purchasing Company against James Maher, county treasurer of Silver Bow county. Prom a judgment in favor of plaintiff, defendant appeals. When one invokes a court of equity for relief against tbe payment of taxes, be must do equity by paying, or offering to pay, tbe amount justly due from him, or tbat part wbicb be admits to be legal — that be must pay or tender tbe amount wbicb is properly chargeable against bis property, upon wbicb condition alone relief will be granted. (21 Ency. of PI. & Pr. 456,…

1Opinion of the CourtJustice Holloway

This is an appeal from a final judgment. It is alleged in the complaint that after the 1st day of June, 1903, the Montana Ore Purchasing Company furnished to the county assessor of Silver Bow county a verified statement of the net proceeds of its mines for the year immediately prior to June 1, 1903, showing such net proceeds to be $601,250.23; that the county assessor extended the assessment on the rolls without change, and in the due course of his business turned over the assessment-roll to the county clerk; that afterward the county commissioners met, and organized as a board of…

2Cases cited11 opinions

  1. French v. EdwardsSupreme Court of the United States · 1872
  2. Western Ranches, Ltd. v. County of CusterMontana Supreme Court · 1903
  3. State ex rel. Wallace v. State Board of EqualizationMontana Supreme Court · 1896
  4. Cobban v. HindsMontana Supreme Court · 1899
  5. Western Ranches, Ltd. v. Custer County, Mont.U.S. Circuit Court for the District of Montana · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Old Colony Railroad v. Assessors of BostonMassachusetts Supreme Judicial Court · 1941
  2. Casco Co. v. Thurston CountyWashington Supreme Court · 1931
  3. City of El Paso v. HowzeCourt of Appeals of Texas · 1923
  4. State v. HallMontana Supreme Court · 1918
  5. State Ex Rel. Urton v. American Bank & Trust Co.Montana Supreme Court · 1926

17 more not listed; retrieve them via the Exa API.

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