Wheeler v. Board of County Commissioners
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $44.30 and interest, being an alleged excessive amount certified by the county auditor of Hennepin county to be due upon certain land as taxes for 1895, and paid by defendant into the county treasury under a mistake of fact. The case was tried before Holt, J., who found in favor of plaintiff for the sum demanded. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtCollins, J.
The plaintiff in this action seasonably interposed an answer in proceedings to enforce the collection of taxes assessed against his real property for the year 1895. December 24, 1897, he withdrew this answer, and in open court stipulated for the entry of judgment, and against the property, for the sum of $192.67, which judgment was then and there duly entered. It appears that the auditor subsequently failed to perform his duty, for there was no sale of the property in satisfaction of the judgment, and no further attempt made to enforce its collection in the statutory manner. April 19, 1899,…
2Cases cited3 opinions
- Falvey v. Board of County CommissionersSupreme Court of Minnesota · 1899
- State v. BaldwinSupreme Court of Minnesota · 1895
- Croswell v. BentonSupreme Court of Minnesota · 1893
3Cited by10 opinions
- Pettibone v. Cook County, MinnesotaCourt of Appeals for the Eighth Circuit · 1941
- Ludington v. PattonWisconsin Supreme Court · 1904
- Sloan v. City of DuluthSupreme Court of Minnesota · 1935
- McArdle v. RobertsonSouth Dakota Supreme Court · 1945
- Pettibone v. Cook CountyDistrict Court, D. Minnesota · 1940
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