Legal Opinion

James G. Ford & Co. v. McGregor

Nevada Supreme Court

Decided January 5, 1890No. 1315PublishedCited by 4 opinions

Appeal from the District Court of the State of Nevada, Nye County. Thomas H. Wells, District Judge. The facts are stated in the opinion. I. The finding of the court that the money sued for was paid involuntarily, under protest and under compulsion, is fully sustained by the pleadings, the evidence and the law. (Burr. Tax. 266-269; Cool.

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Appeal from the District Court of the State of Nevada, Nye County. Thomas H. Wells, District Judge. The facts are stated in the opinion. I. The finding of the court that the money sued for was paid involuntarily, under protest and under compulsion, is fully sustained by the pleadings, the evidence and the law. (Burr. Tax. 266-269; Cool. Tax. 568, 569; Maxwell v. Griswold, 10 How. 242; Lamborn v. County Commissioners, 97 U. S. 185; State Tonnage Tax Cases, 12 Wall. 209; First Nat. Bank v. Watkins, 21 Mich. 483; Winzer v. City of Burlington, 6d Iowa, 279.) II. The payment was none the less…

1Opinion of the Court

'By the Court,

Murphy, J.:

Appellants Ford & Merritt are co-partners in the business of stock-raising. They are the owners of real estate, and personal property consisting principally of sheep, in Eureka county. They have no real estate in Nye county. Merritt resides in California. The home ranch, where appellant Ford resides, is in Eureka county, and is the principal place of business of the copartnership. The sheep are controlled, cared for and managed at their home ranch. In the early spring the sheep have been annually 'driven away from the home ranch, in charge of herders, into Nye county,…

2Cases cited7 opinions

  1. National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
  2. Barhyte v. . ShepherdNew York Court of Appeals · 1866
  3. Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
  4. Baldwin v. ShineCourt of Appeals of Kentucky · 1886
  5. Barnes v. WoodburyNevada Supreme Court · 1883

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3Cited by4 opinions

  1. Christofferson v. Chouteau CountyMontana Supreme Court · 1937
  2. Independent School District No. I-20 of Muskogee County v. Oklahoma State Department of EducationSupreme Court of Oklahoma · 2003
  3. Rosasco v. County of TuolumneCalifornia Supreme Court · 1904
  4. State v. ShawNevada Supreme Court · 1892

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