Legal Opinion

Zimmerman v. Corson County

South Dakota Supreme Court

Decided July 5, 1917No. File No. 4152PublishedCited by 11 opinions

Appeal from Circuit Court,' Pennington County. Hon. Levi McGee, Judge. Action by Dan Zimmerman, against Corson County and another, to cancel a tax assessment, and for an injunction, etc. From a judgment for plaintiff, defendants appeal. (2) To point two- of the opinion, Appellants cited. Douglas v. City of Fargo, (N. D.) 101 N. W. 919. Respondent cited: Board of State Tax Commissioners v. Quinn, (Mich.) 84 N. W. 1; People v. Forest, 96 N. Y. 544; Sec. 210, Pol. Code.

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Appeal from Circuit Court,' Pennington County. Hon. Levi McGee, Judge. Action by Dan Zimmerman, against Corson County and another, to cancel a tax assessment, and for an injunction, etc. From a judgment for plaintiff, defendants appeal. (2) To point two- of the opinion, Appellants cited. Douglas v. City of Fargo, (N. D.) 101 N. W. 919. Respondent cited: Board of State Tax Commissioners v. Quinn, (Mich.) 84 N. W. 1; People v. Forest, 96 N. Y. 544; Sec. 210, Pol. Code. (3) To point three of the opinion, Respondent cited:. United States v. North Carolina, 136 U. S. 211; Sawyer v.' C'olgan, 102…

1Opinion of the CourtSmith, J.

Action in equity praying a judgment and decree canceling an alleged void and invalid assessment of taxes upon personal property, and permanently enjoining the enforcement of taxes based upon such assessment. A demurrer to the complaint was overruled by the trial court, and this ruling is assigned as error.

[1] Respondent upon an order to show cause duly served, obtained from the trial court an order restraining1 appellants from attempting to enforce the tax during the pendency of -the action. Upon the return day appellants moved to quash the order to show cause upon various grounds, which…

2Cases cited4 opinions

  1. Youngblood v. SextonMichigan Supreme Court · 1875
  2. Bismarck Water Supply Co. v. BarnesNorth Dakota Supreme Court · 1915
  3. Chicago & N. W. Ry. Co. v. RolfsonSouth Dakota Supreme Court · 1909
  4. Duncan v. Corson CountySouth Dakota Supreme Court · 1917

3Cited by11 opinions

  1. Casco Co. v. Thurston CountyWashington Supreme Court · 1931
  2. Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
  3. Security Nat. Bank of Watertown, SD v. YoungCourt of Appeals for the Eighth Circuit · 1932
  4. Chicago, St. P., M. & O. Ry. Co. v. MundtSouth Dakota Supreme Court · 1930
  5. NY, SUSQUEHANNA AND WRR CO. v. VermeulenSupreme Court of New Jersey · 1965

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