Schaffner v. Young
North Dakota Supreme Court
Appeal from District Court, Mercer County; Winchester, J. Bill by Henry B. Schaffner against John Young, as sheriff of Mercer county, to restrain the latter from levying on complainant’s property for taxes. From a' judgment in favor of defendant, plaintiff appeals. Section 3, Chap. 25, Laws of 1895, purported to increase the area of Mercer county by including therein twenty-four townships belonging within the unorganized county of Williams.
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Appeal from District Court, Mercer County; Winchester, J. Bill by Henry B. Schaffner against John Young, as sheriff of Mercer county, to restrain the latter from levying on complainant’s property for taxes. From a' judgment in favor of defendant, plaintiff appeals. Section 3, Chap. 25, Laws of 1895, purported to increase the area of Mercer county by including therein twenty-four townships belonging within the unorganized county of Williams. This act was held unconstitutional. Richards v. Stark County, 8 N. D. 392, 79 N. W. Rep. 863. Chap. 57 of the Laws of 1899, was passed to meet the…
1Opinion of the CourtWallin, C. J.
This is an action in equity brought to enjoin the defendant, who is sheriff of Mercer county, from selling certain personal property belonging to the plaintiff, which property the defendant, under a warrant of authority issued by the treasurer of said county, had seized and was threatening to sell in satisfaction of certain alleged personal property taxes charged against the plaintiff on the tax lists of Mercer county. At the commencement of the action the District Court issued a preliminary injunctjonal order, whereby defendant was restrained from selling said property until the further…
2Cases cited9 opinions
- Hutchings v. LowSupreme Court of the United States · 1873
- Shelton v. PlattSupreme Court of the United States · 1891
- Erskine v. Van ArsdaleSupreme Court of the United States · 1872
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
- Richard v. Stark CountyNorth Dakota Supreme Court · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
- Bismarck Water Supply Co. v. BarnesNorth Dakota Supreme Court · 1915
- Red River Valley Brick Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Minneapolis, St. Paul & Sault Ste. Marie Railway Co. v. Dickey CountyNorth Dakota Supreme Court · 1902
- Chicago & N. W. Ry. Co. v. RolfsonSouth Dakota Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.