Legal Opinion

Hale v. County of Jefferson

Montana Supreme Court

Decided May 22, 1909No. 2,609PublishedCited by 16 opinions

Appeal from District Court, Jefferson County; Lew L. Calla-way, Judge. Injunction by Eobert S. Hale against the county of Jefferson and others. From a judgment for defendants, and an order denying motion for new trial, plaintiff appeals.

1Opinion of the CourtChief Justice Beantly

This action was brought on May 3, 1906, to obtain an injunction to restrain the defendant county of Jefferson, its commissioners, and treasurer from including in the assessment-roll of taxable property for that year a certain ditch owned by plaintiff, and from levying and collecting taxes thereon. The issues made by the pleadings present the one question, to-wit, whether this property is subject to taxation under the provisions of the Constitution declaring what property is taxable, and the statute enacted in pursuance thereof, as having a value independent of placer lands to which it is…

2Cases cited1 opinion

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894

3Cited by16 opinions

  1. Kipp v. Davis-Daly Copper Co.Montana Supreme Court · 1910
  2. Northwestern Improvement Co. v. LowryMontana Supreme Court · 1937
  3. North Side Canal Co. v. State Board of Equalization of WyomingCourt of Appeals for the Eighth Circuit · 1926
  4. State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
  5. State Ex Rel. Schoonover v. StewartMontana Supreme Court · 1931

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