Hilburn v. St. Paul, M. & M. Railway Co.
Montana Supreme Court
Appeal from District Court, Flathead County; D. F. Smith, Judge. Action by Samuel Hilburn, as county treasurer of Flathead county, Mont., against the St. Paul, Minneapolis & Manitoba Bailway Company and Great Northern Bailway Company. There was a judgment for plaintiff, and defendants appealed. STATEMENT OF THE CASE.
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Appeal from District Court, Flathead County; D. F. Smith, Judge. Action by Samuel Hilburn, as county treasurer of Flathead county, Mont., against the St. Paul, Minneapolis & Manitoba Bailway Company and Great Northern Bailway Company. There was a judgment for plaintiff, and defendants appealed. STATEMENT OF THE CASE. Action by the plaintiff, as county treasurer of Flathead county, to foreclose a lien claimed on account of special taxes levied in school districts Nos. 6, 17, 19, 21, 23, 26, and 15, in Flathead county, for the year 1897. The complaint sets forth seven separate causes of action.…
1Opinion of the CourtChief Justice Brantly
The contention is made by appellants that the statute under which the elections were held in the various districts is not capable of being executed, and that, therefore, no valid assessment can be made thereunder. If this contention is sus*236tained, the result will be, not only that the taxes involved herein will be declared invalid, but also that no school district in the state can hereafter vote any special tax, in aid of its own schools, until new legislation be enacted granting the power and providing a method by which it may be done; for the statute in question contains the only provision…
2Cases cited7 opinions
- State v. . PartlowSupreme Court of North Carolina · 1884
- Farmers' Bank v. . HaleNew York Court of Appeals · 1874
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- State ex rel. Knight v. CaveMontana Supreme Court · 1898
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3Cited by20 opinions
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- Jay v. School District No. 1Montana Supreme Court · 1900
- People ex rel. Hoyne v. SweitzerIllinois Supreme Court · 1915
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