Great Northern Railway Co. v. Duncan
North Dakota Supreme Court
Appeal from the District Court of Towner County, Buttz, J. It is not necessary to grant a hearing on a performance on a ministerial function such as levying taxes against property which had been duly authorized. llagar v. Reclamation Dist. Ill TJ. S. 708, 28 L. ed. 572; Amery v. Keokuk, 72 Iowa, 704, 30 N. W. 780; Gillette v. Denver, 21 Fed. 824; Lower Kings etc.
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Appeal from the District Court of Towner County, Buttz, J. It is not necessary to grant a hearing on a performance on a ministerial function such as levying taxes against property which had been duly authorized. llagar v. Reclamation Dist. Ill TJ. S. 708, 28 L. ed. 572; Amery v. Keokuk, 72 Iowa, 704, 30 N. W. 780; Gillette v. Denver, 21 Fed. 824; Lower Kings etc. Dist. v. Philips, 108 Cal. 314, 39 Pac. 630, 41 Pac. 335; Hodge v. Muscatine Co. 196 H. S. 280, 49 L. ed. 481. If an act embraces two or more subjects, and two or more of the same are expressed in the title, the whole act is void. 1…
1Opinion of the CourtBirdzell, J.
This is an appeal from an order entered in the district court of Towner county, overruling a demurrer to a complaint. The action is one to recover certain taxes alleged to have been paid by the plaintiff under protest. The facts alleged in the complaint may be briefly stated as follows: In the year 1915 the county auditor of Towner county levied a mill tax for school purposes upon the prop erty of the plaintiff, acting under the authority expressed in § 1224, Compiled Laws of 1913.
The tax is $114.69 in excess of the amount which the auditor would be authorized to levy under chapter 254 of the…
2Cases cited4 opinions
- Johnson v. HarrisonSupreme Court of Minnesota · 1891
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
- State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
- Robertson v. City of StauntonSupreme Court of Virginia · 1905
3Cited by17 opinions
- Oregon Education Ass'n v. PhillipsOregon Supreme Court · 1986
- City of Fargo v. SathreNorth Dakota Supreme Court · 1949
- Lapland v. StearnsNorth Dakota Supreme Court · 1952
- Kessler v. Board of Education of City of FessendenNorth Dakota Supreme Court · 1958
- State Ex Rel. Gammons v. ShaferNorth Dakota Supreme Court · 1933
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