McLauren v. City of Grand Forks
Supreme Court Of The Territory Of Dakota
APPEAL from the district court, Grand Forks county; Hon. W. B. McConnell, Judge. Action, by D. P. McLauren and others against the city of Grand Forks and Jacob S. Eshelman, to have declared void certain tax certificates, and perpetually restrain the defendant from executing and delivering deeds thereupon to the holder of such certificates, on the ground that they were illegally issued.
Read the full summary
APPEAL from the district court, Grand Forks county; Hon. W. B. McConnell, Judge. Action, by D. P. McLauren and others against the city of Grand Forks and Jacob S. Eshelman, to have declared void certain tax certificates, and perpetually restrain the defendant from executing and delivering deeds thereupon to the holder of such certificates, on the ground that they were illegally issued. On the trial in the district court the plaintiff had judgment for the relief prayed for, and the defendants appealed. While appellants do not admit that the tax levy was illegal, yet assuming it was, the…
1Opinion of the CourtSpencer, J.
The facts in this case are undisputed. The plaintiffs were the owners of certain real estate situated on Kittson avenue, a street in the city of Grand Forks. In May, 1882, the plaintiffs joined in a petition which was duly presented to the city council of Grand Forks, praying that Kittson avenue be graded. Such proceedings were had by the mayor and city council that such street was graded, the contract therefor having been awarded to the defendant Eshelman, who performed the work. Special-tax certificates were issued against the lots of the plaintiffs abutting on such street, and are now…
2Cases cited7 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Steckert v. City of East SaginawMichigan Supreme Court · 1870
- Martin v. ZellerbachCalifornia Supreme Court · 1869
- Hewes v. ReisCalifornia Supreme Court · 1870
- Doughty v. HopeNew York Court of Appeals · 1848
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Kerker v. BocherSupreme Court of Oklahoma · 1908
- Watkins v. GriffithSupreme Court of Arkansas · 1894
- Robertson Lumber Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- Strout v. City of PortlandOregon Supreme Court · 1894
10 more not listed; retrieve them via the Exa API.