Jones v. Duras
Nebraska Supreme Court
Error to the district court for Saline county. Tried below before Weaver, J. 1. Action at law is proper remedy. Turner v. Althaus, 6 Neb., 54. JErskine v. Van Arnsdale, 15 Wallace, 75. Stephan v. Daniels, 27 Ohio State, 527. 2. Sale was illegal and void. Johnson v. Hahn, 4 Neb., 189. I/ynam v. Anderson, 9 Id., 368. 3. The payment of a demand under compulsion of legal process, accompanied by a protest, is not a voluntary payment.
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Error to the district court for Saline county. Tried below before Weaver, J. 1. Action at law is proper remedy. Turner v. Althaus, 6 Neb., 54. JErskine v. Van Arnsdale, 15 Wallace, 75. Stephan v. Daniels, 27 Ohio State, 527. 2. Sale was illegal and void. Johnson v. Hahn, 4 Neb., 189. I/ynam v. Anderson, 9 Id., 368. 3. The payment of a demand under compulsion of legal process, accompanied by a protest, is not a voluntary payment. Atwell v. Zeluff, 26 Michigan, 118. Cooley on Taxation, pp. 568-9. Parchar v. Marathon Co., 9 N. W. Reporter, 1, 23. Stephan v. Daniels, 27 Ohio State, 527. State,…
1Opinion of the CourtCobb, J.
This action is brought against Mr. Duras, county treasurer of Saline county, in his individual capacity. The petition charges that plaintiff was the owner of certain parcels of real estate in said county, which were assessed for taxes in 1875; and the said taxes not being paid, the then treasurer of said county sold the said parcels of land therefor. That at and during the said time the plaintiff owned and had within the said county, and known to the then treasurer of said county, a large amount of personal property, amply sufficient out of which the said taxes could have been made by…
2Cases cited1 opinion
- Meek v. McClureCalifornia Supreme Court · 1875
3Cited by4 opinions
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