Northern Pacific Railroad v. Barnes
North Dakota Supreme Court
PPHAL from district court, Burleigh county; Hon. Roderick Rose, Judge. Action by the Northern Pacific Railroad Company against Jerry .A. Barnes, county treasurer of McLean county, to restrain the sale of certain land for taxes. Judgment dismissing the action on demurrer. Plaintiff appeals. The sale of the plaintiff’s land is unauthorized because the taxes are void by reason of defects in the assessment and levy.
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PPHAL from district court, Burleigh county; Hon. Roderick Rose, Judge. Action by the Northern Pacific Railroad Company against Jerry .A. Barnes, county treasurer of McLean county, to restrain the sale of certain land for taxes. Judgment dismissing the action on demurrer. Plaintiff appeals. The sale of the plaintiff’s land is unauthorized because the taxes are void by reason of defects in the assessment and levy. Morrill v. Taylor, 6 Neb. 236; Clark v. Crane, 5 Mich. 151; Marsh v. Clark County, 42 Wis. 502; Yan Rensslaer v. Witbeck, 7 N. Y. 517; Westfall v. Preston, 49 N. Y. 349; Bradley v.…
1Opinion of the Court
The opinion of the court was delivered by
Winchester, J.
This action was brought by the appellant' in September, 1888, to restrain the respondent, as county treasurer of McLean county, from selling certain lands in said county, and described in the amended complaint, for taxes, levied and assessed thereon in the year ■ 1887, amounting to: $1,803. The respondent demurs to the appellant’s bill, upon the ground that said bill did not state facts sufficient to constitute a cause of action. The demurrer was sustained by the lower court and the action was dismissed. Judgment was duly entered by…
2Cases cited105 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Munn v. IllinoisSupreme Court of the United States · 1877
- Barbier v. ConnollySupreme Court of the United States · 1884
- Taylor v. SecorSupreme Court of the United States · 1876
- Hayes v. MissouriSupreme Court of the United States · 1887
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