Frost v. Flick
Supreme Court Of The Territory Of Dakota
Appeal from Yankton County District Court. This is a proceeding in equity to restrain the sale, by the treasurer of Yankton county, of certain real estate, for the taxes of 1869, 1870, 1871 and 1872, on the grounds of certain irregularities, viz.: 1. That no assessment roll was made out and delivered to the county clerk as required by section 24, chapter 25, laws of 1868-9. 2. ' That plaintiffs’ grantors had at the time the taxes became due, and still have personal property…
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Appeal from Yankton County District Court. This is a proceeding in equity to restrain the sale, by the treasurer of Yankton county, of certain real estate, for the taxes of 1869, 1870, 1871 and 1872, on the grounds of certain irregularities, viz.: 1. That no assessment roll was made out and delivered to the county clerk as required by section 24, chapter 25, laws of 1868-9. 2. ' That plaintiffs’ grantors had at the time the taxes became due, and still have personal property sufficient to satisfy the same, and that the sale or attempted sale of the real estate, without first exhausting such…
1Opinion of the CourtBeNNett, J.
The determination of this appeal involves the question as to what extent and in what cases the powers of a court of equity may be invoked to restrain the collection of taxes. As it is here presented for the first time in this Territory, we have examined it with much care.
Before proceeding to notice the main point in issue, we observe, that, even admitting the soundness of the propositions laid down and contended for by appellants, they furnish no grounds for the relief asked' in this case, as plaintiffs have, by their own sho'wing, no standing in a court of equity.
They first insist that the…
2Cases cited5 opinions
- Macklot v. City of DavenportSupreme Court of Iowa · 1864
- Warden v. Board of SupervisorsWisconsin Supreme Court · 1861
- Hallenbeck v. HahnNebraska Supreme Court · 1873
- Ritter v. PatchCalifornia Supreme Court · 1859
- McClure v. OwensSupreme Court of Iowa · 1866
3Cited by16 opinions
- Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
- Brink v. DannSouth Dakota Supreme Court · 1913
- Ex Parte WattSouth Dakota Supreme Court · 1950
- Bismarck Water Supply Co. v. BarnesNorth Dakota Supreme Court · 1915
- Douglas v. City of FargoNorth Dakota Supreme Court · 1904
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