First Division of the St. Paul & Pacific Rail Road v. Parcher
Supreme Court of Minnesota
This action was brought in the District Court for "Wright county, to enjoin the sale of certain lands of the plaintiff in said county, for the taxes levied thereon by the authorities of that county for the year 1867, and to procure the judgment of the court, decreeing and declaring such taxes illegal and void ; the plaintiff claiming that by virtue of the charter of the Minnesota and Pacific Railroad Company, passed by the legislative assembly of the Territory of Min nesota,…
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This action was brought in the District Court for "Wright county, to enjoin the sale of certain lands of the plaintiff in said county, for the taxes levied thereon by the authorities of that county for the year 1867, and to procure the judgment of the court, decreeing and declaring such taxes illegal and void ; the plaintiff claiming that by virtue of the charter of the Minnesota and Pacific Railroad Company, passed by the legislative assembly of the Territory of Min nesota, May 22d, 1857, and subsequent acts amendatory thereof, — under and pursuant to the provisions of which its title to…
1Opinion of the Court
By the Oourt.
Beeey, J.
This appeal is taken from an order overruling a demurrer to the complaint. The complaint alleges that the plaintiff is -a body corporate, created and existing under and by virtue of certain laws and proceedings therein mentioned and referred to. The first ground of demurrer is, that it appears upon the face of the complaint that the plaintiff is not a body corporate, and has no legal capacity to sue as such. For the purpose of determining the issue thus made, it is necessary for us to examine the laws and proceedings referred to and set up in the complaint. By an Act of…
2Cases cited5 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- New Jersey v. WilsonSupreme Court of the United States · 1812
- Rector, &C., of Christ Church, Phila. v. Cty. of Phila.Supreme Court of the United States · 1861
- Davis v. PierceSupreme Court of Minnesota · 1865
3Cited by35 opinions
- State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
- McArthur v. MartinSupreme Court of Minnesota · 1876
- Peterson v. PetersonSupreme Court of Minnesota · 1967
- Ames v. Lake Superior & Mississippi RailroadSupreme Court of Minnesota · 1875
- Hunter W. Finch & Co. v. Zenith Furnace Co.Illinois Supreme Court · 1910
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