Toole County Irrigation District v. State

This is an appeal from a judgment of the district court of Toole county.

The plaintiff and respondent, an irrigation district, brought action against the State of Montana, the state board .of land commissioners, and the county treasurer of Toole county. The purpose of the action was to have the court declare certain levies of irrigation assessments valid liens upon certain lands now owned by the State o£ Montana, and that plaintiff has a right to collect the assessments from the state. Defendants, appellants, filed a demurrer to the complaint on the ground that it did not state a cause of…