Legal Opinion

Wells Fargo & Co. v. Harrington

Montana Supreme Court

Decided November 26, 1917No. 3,819PublishedCited by 12 opinions

'Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Injunction by Wells Fargo & Co. against John J. Harrington, County Treasurer of Silver Bow County, and another. From a judgment in favor of plaintiff, defendants appeal. Franchises are property and taxable. (Adams Express Co. v. Ohio State Auditor, 166 U. S. 185, 41 L. Ed. 965, 17 Sup. Ct. Bep. 604; Board of Commrs. v. Rocky Mountain N. P. Co., 15 Colo App. 189, 61 Pac. 494; Iron Silver Min.

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'Appeal from District Court, Silver Bow County; J. B. Mc-Clernan, Judge. Injunction by Wells Fargo & Co. against John J. Harrington, County Treasurer of Silver Bow County, and another. From a judgment in favor of plaintiff, defendants appeal. Franchises are property and taxable. (Adams Express Co. v. Ohio State Auditor, 166 U. S. 185, 41 L. Ed. 965, 17 Sup. Ct. Bep. 604; Board of Commrs. v. Rocky Mountain N. P. Co., 15 Colo App. 189, 61 Pac. 494; Iron Silver Min. Co. v. Cowie, 31 Colo. 450, 72 Pae. 1067; Cedar Rapids W. Co. v. City of Cedar Rapids, 118 Iowa, 234, 91 N. W. 1081; People v.…

1Opinion of the CourtJustice Holloway

Wells Fargo & Co., a corporation organized under the laws of Colorado and authorized to do and doing business in this state, having paid to the secretary of state the fees required as a condition precedent to doing business here, and having paid its annual license taxes and taxes upon its tangible property, brought this action to restrain the collection of a further tax upon a valuation of $30,000 fixed by the assessor of Silver Bow county upon the company’s franchise on all intrastate business done by it in this state. The district court overruled a demurrer to the complaint, and the county…

2Cases cited2 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Northern Pacific Ry. Co. v. BroganMontana Supreme Court · 1916

3Cited by12 opinions

  1. State Ex Rel. Dufresne v. LeslieMontana Supreme Court · 1935
  2. Cities Service Gas Co. v. Peerless Oil & Gas Co.Supreme Court of Oklahoma · 1950
  3. Cottingham v. State Board of ExaminersMontana Supreme Court · 1958
  4. State v. ToomeyMontana Supreme Court · 1958
  5. State Ex Rel. Wallace v. CallowMontana Supreme Court · 1927

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