Divet v. Richland County
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Action by Daniel Divet against Richland County, North Dakota, for a refund of taxes paid. From a judment for defendant, plaintiff appeals. Plaintiff’s right to recover is not barred by the statute of limitations. The time of limitation commenced when' the cause of action was first subjected to the operation of the statute.
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Appeal from District Court, Richland County; Lauder, J. Action by Daniel Divet against Richland County, North Dakota, for a refund of taxes paid. From a judment for defendant, plaintiff appeals. Plaintiff’s right to recover is not barred by the statute of limitations. The time of limitation commenced when' the cause of action was first subjected to the operation of the statute. Sohn v. Waterson, 17 Wall. 596; Trustees v. Arnold, 58 111. App. 103; Weiser v. McDowell, 61 N. W. Rep. 1094; Berry v. Berry, 22 S. W. Rep. 654; Mills Co. v. Lampassas Co., 40 S. W. Rep. 552. The statute does not begin…
1Opinion of the CourtWallin, J.
In this action the facts are uncontroverted, and only a question of law is presented for determination. The plaintiff is seeking to recover from the County of Richland sums of money, with interest thereon, paid by the plaintiff to the treasurer of said county as taxes for the years 1880, 1883, 1885 and 1886. Said taxes were assessed against a certain section of land in that county, which was held by the plaintiff under and by virtue of a conveyance made to the plaintiff by the Northern Pacific Railroad Company; and was land commonfy known as “indemnity land.” The fact is stipulated that at…
2Cases cited3 opinions
- State ex rel. Standish v. NomlandNorth Dakota Supreme Court · 1893
- People v. CongdonMichigan Supreme Court · 1889
- Ives v. NorrisNebraska Supreme Court · 1882
3Cited by12 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Johnson v. Grady CountySupreme Court of Oklahoma · 1915
- State ex rel. Kol v. North Dakota Children's Home SocietyNorth Dakota Supreme Court · 1901
- Paine v. Dickey CountyNorth Dakota Supreme Court · 1899
- State v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1908
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