Smith v. Schroeder
Supreme Court of Minnesota
This action was brought in the District Court for Stearns county, to recover the sum of $1^2.34, which amount the plaintiff paid to the defendant, as treasurer of Stearns county, for and on account of taxes upon certain real estate owned by plaintiff. The plaintiff claims that the taxes were illegal, and that his payment thereof was an involuntary payment, and on this ground bases his right to recover back the money paid.
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This action was brought in the District Court for Stearns county, to recover the sum of $1^2.34, which amount the plaintiff paid to the defendant, as treasurer of Stearns county, for and on account of taxes upon certain real estate owned by plaintiff. The plaintiff claims that the taxes were illegal, and that his payment thereof was an involuntary payment, and on this ground bases his right to recover back the money paid. The defendant interposed a general demurrer, which was overruled by the court below, and from this order the defendant appeals to this court. The allegations of the…
1Opinion of the CourtBerry, J.
By the Court. The plaintiff brings this action (which is in the nature of assumpsit for money had and received,) to recover the sum of $172.3J, paid by him to the defendant, as treasurer of the county of Stearns, as the amount of certain taxes, with interest and charges thereon, claimed by the plaintiff to have been illegal, and to have been paid involuntarily, and such as the defendant has^ therefore, no right to retain. In the view which we take of this case, it is not necessary to inquire whether the taxes referred to, were legal or illegal, for admitting their entire illegality, as…
2Cases cited3 opinions
- Nelson J. Elliott v. Samuel SwartwoutSupreme Court of the United States · 1836
- Harmony v. BinghamThe Superior Court of New York City · 1852
- Chegaray v. Mayor of New YorkThe Superior Court of New York City · 1853
3Cited by4 opinions
- Town of Ligonier v. AckermanIndiana Supreme Court · 1874
- Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
- Shane v. City of St. PaulSupreme Court of Minnesota · 1880
- Houston v. SnyderSupreme Court of Colorado · 1920