Legal Opinion

Barnard Realty Co. v. City of Butte

Montana Supreme Court

Decided January 15, 1915No. 3,446PublishedCited by 16 opinions

Appeal from District Court, Silver Bow County; Jeremiah' J. Lynch, Judge. Action by the Barnard Realty Company against the City of Butte and Daniel Shovlin, City Treasurer. From a judgment for plaintiff and an order denying a new trial, defendants appeal.

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Appeal from District Court, Silver Bow County; Jeremiah' J. Lynch, Judge. Action by the Barnard Realty Company against the City of Butte and Daniel Shovlin, City Treasurer. From a judgment for plaintiff and an order denying a new trial, defendants appeal. The county assessor did not follow the procedure outlined in section 2, Chapter 135, Laws of 1909. Instead of revising the assessment list furnished by the Barnard Bealty Company, he left intact the assessment of the full Barnard placer, and made an entirely new assessment of a portion thereof to “A. W. Barnard. ’ ’. The notice provided by…

1Opinion of the CourtChief Justice Brantly

This action was brought to obtain a decree declaring null and void an assessment and tax levied in pursuance thereof by the authorities of the defendant city, upon property belonging to plaintiff and situated within the corporate limits of the city, and perpetually enjoining the defendant Daniel Shovlin, the city treasurer, from enforcing the collection of the tax by sale of the property. The trial court granted the relief demanded. The defendants have appealed from the decree and an order denying their motion for a new trial.

Patent to the Barnard placer mining claim was issued by the United…

2Cases cited8 opinions

  1. Northern Pacific Ry. Co. v. MjeldeMontana Supreme Court · 1913
  2. Barnard Realty Co. v. City of ButteMontana Supreme Court · 1913
  3. Montana Ore Purchasing Co. v. MaherMontana Supreme Court · 1905
  4. Western Ranches, Ltd. v. County of CusterMontana Supreme Court · 1903
  5. Hale v. County of JeffersonMontana Supreme Court · 1909

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3Cited by16 opinions

  1. Northern Pacific Ry. Co. v. County of MusselshellMontana Supreme Court · 1917
  2. Sharkey v. City of ButteMontana Supreme Court · 1916
  3. Telonis v. StaleyUtah Supreme Court · 1943
  4. Hinz v. Musselshell CountyMontana Supreme Court · 1928
  5. First National Bank v. Sanders CountyMontana Supreme Court · 1929

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