Ward v. Board of Commissioners
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County. Action to set aside tax sale. Defendants’ demurrer was sustained and judgment entered in their favor by Armstrong, J. There is no uncertainty in the complaint. From the facts alleged it is but a question of mathematics to ascertain what is the amount claimed as due for taxes on personal property, and penalties thereon. {Sullivan v. Dunphy, 4 Mont. 499; Chum~ asero v. Potts, 2 Mont. 281; Daniels v. Andes Ins.
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Appeal from Ninth Judicial District, Gallatin County. Action to set aside tax sale. Defendants’ demurrer was sustained and judgment entered in their favor by Armstrong, J. There is no uncertainty in the complaint. From the facts alleged it is but a question of mathematics to ascertain what is the amount claimed as due for taxes on personal property, and penalties thereon. {Sullivan v. Dunphy, 4 Mont. 499; Chum~ asero v. Potts, 2 Mont. 281; Daniels v. Andes Ins. Co. 2 Mont. 78; United States v. Williams, 6 Mont. 379-386; Nichols v. Dobbins, 2 Mont. 540; Salmon v. Wilson, 41 Cal. 595; Poysdon…
1Opinion of the CourtBlake, C. J.
The complaint alleges “that in the year 1889, at the proper time, and as required by law, the plaintiffs . made out and delivered to the assessor ” of the county of Gallatin, “ upon his requisition, a list and statement of all the real and personal property in their possession or under their control in said county, which by law they were required to list for taxation,” to wit: The E. of the N. W. J and the E. \ of the S. W. and the S. E. of section 3, township 2 S., of range 5 Eq and also the S. W. ¿ of section 22 in said township; and also fifteen horses, sixteen cattle, and one wagon.
It is…
2Cases cited21 opinions
- People v. San Francisco Sav. UnionCalifornia Supreme Court · 1866
- Tidd v. RinesSupreme Court of Minnesota · 1879
- Kraner v. HalseyCalifornia Supreme Court · 1889
- Emma B. C. Thompson v. Richard RoeSupreme Court of the United States · 1860
- Bird v. PerkinsMichigan Supreme Court · 1875
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3Cited by5 opinions
- State v. MjeldeMontana Supreme Court · 1904
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- Weibush v. Jefferson Canal Co.Montana Supreme Court · 1923
- Casey v. WrightMontana Supreme Court · 1894
- Deloughrey v. HindsMontana Supreme Court · 1899