Legal Opinion

Northern Pac. Ry. Co. v. Thompson

Court of Appeals for the Ninth Circuit

Decided May 20, 1918No. 3085Published

In Error to the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Action by the Northern Pacific Railway Company against J. R. Thompson, as County Treasurer of Flathead County, Mont. There was judgment for plaintiff on two of the three counts, and for defendant on the other, and both parties bring error.

1Opinion of the Court

GILBERT, Circuit Judge.

The Northern Pacific Railway Company brought an action in three counts against the county treasurer of Flathead county, Mont., to recover money paid under protest for taxes on lands of the company for the years 1914, 1915, and 1916. The court below entered a judgment on the pleadings on behalf of the railway company on the first two causes of action, and a judgment for the defendant on the third cause of action, holding that at the time of the assessment of the taxes for 1914 and 1915 the lands of the railway company had not been surveyed, but that they had been…

2Cases cited10 opinions

  1. Knight v. United States Land Assn.Supreme Court of the United States · 1891
  2. Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
  3. Northern Pacific Railroad v. Traill CountySupreme Court of the United States · 1885
  4. United States v. MorrisonSupreme Court of the United States · 1916
  5. United States v. MorrisonSupreme Court of the United States · 1916

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