Legal Opinion

Richards v. Hatfield

Nebraska Supreme Court

Decided June 5, 1894No. 5660PublishedCited by 9 opinions

Appeal from the district court of Antelope county. Heard below before Allen, J. The action cannot be maintained on account of laches. (North v. Platte County, 29 Neb., 447; Montgomery v. Noyes, 11 S. W. Rep. [Tex.], 138; Terry v. Fontaine, 2 S. E. Rep. [Va.], 743; McCartin v. Traphagan, 11 Atl. Rep. [N. J.], 165; Barnett v. Barnett, 2 S. E. Rep. [Va.], 733; Chamberlain v. Town of Lyndeborough, 14 Atl.

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Appeal from the district court of Antelope county. Heard below before Allen, J. The action cannot be maintained on account of laches. (North v. Platte County, 29 Neb., 447; Montgomery v. Noyes, 11 S. W. Rep. [Tex.], 138; Terry v. Fontaine, 2 S. E. Rep. [Va.], 743; McCartin v. Traphagan, 11 Atl. Rep. [N. J.], 165; Barnett v. Barnett, 2 S. E. Rep. [Va.], 733; Chamberlain v. Town of Lyndeborough, 14 Atl. Rep. [N. H.], 865; Code of Civil Procedure, sec. 14; Alexander v. Orerton, 22 Neb., 229.) Taxes must be paid in money as provided by law. Collectors cannot receive check in payment. (Cooley,…

1Opinion of the Court

Ragan, C.

L. D. Richards brought this suit in the district court of Antelope county against John D. Hatfield, the treasurer thereof, to enjoin him from selling certain lands described in the pleadings, for taxes levied thereon for the years 1872 to 1879, both inclusive, on the ground that such taxes were fully paid by the grantor of Richards and others early in the year 1880. The district court found that the taxes had been paid as alleged by Richards and others, and entered a decree perpetually enjoining the treasurer of Antelope county and his successors in office from selling the lands for…

2Cases cited3 opinions

  1. Adams v. BealeSupreme Court of Iowa · 1865
  2. Stout v. HyattSupreme Court of Kansas · 1874
  3. Hinchman v. WhetstoneIllinois Supreme Court · 1859

3Cited by9 opinions

  1. Chastang v. ChastangSupreme Court of Alabama · 1904
  2. Boykin v. StateSupreme Court of Florida · 1898
  3. Miller v. MillerNebraska Supreme Court · 1951
  4. Bors v. McGowanNebraska Supreme Court · 1955
  5. Johnson v. FinleyNebraska Supreme Court · 1898

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