County of Traverse v. St. Paul, Minneapolis & Manitoba Railway Co.
Supreme Court of Minnesota
Proceedings in the district court for Traverse county to enforce payment of delinquent taxes, phe defendant railway company duly filed objections to the enforcement of payment against the lands described. The cause was submitted to Powers, J., on a stipulation of facts, and he found in favor of defendant. Judgment was entered in pursuance of the findings, and the case was then certified to the supreme court.
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Proceedings in the district court for Traverse county to enforce payment of delinquent taxes, phe defendant railway company duly filed objections to the enforcement of payment against the lands described. The cause was submitted to Powers, J., on a stipulation of facts, and he found in favor of defendant. Judgment was entered in pursuance of the findings, and the case was then certified to the supreme court. The following may now be considered as rules established by the great weight of authority: (1) The taxing power being a prerogative of government, its surrender or alienation will never…
1Opinion of the Court
MITCHELL, J.1
These proceedings were instituted to enforce taxes for 1894 against specific tracts of land belonging to the defendant, which constitute a part of the lands granted by the acts of congress of March 3, 1857,2 and March 3, 1865,3 to the territory or state of Minnesota, in trust to aid in the construction of certain lines of railroad. The particular tracts in question are part of the lands granted to the old Minnesota & Pacific Railroad Company, to aid in the construction of a line of road from St. Anthony to Breckenridge. The trial court has certified 12 questions to this court,…
2Cases cited13 opinions
- McHenry v. AlfordSupreme Court of the United States · 1898
- County of Ramsey v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1885
- Northern Pacific Railroad v. ClarkSupreme Court of the United States · 1894
- State v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1883
- State ex rel. Marr v. LutherSupreme Court of Minnesota · 1894
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3Cited by4 opinions
- State v. EvansSupreme Court of Minnesota · 1906
- State v. United States Express Co.Supreme Court of Minnesota · 1911
- State v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
- State v. Northwestern Telephone Exchange Co.Supreme Court of Minnesota · 1909