Chicago & N. W. Ry. Co. v. Faulk County
South Dakota Supreme Court
Appeal from circuit court, Faulk county. Hon. Boring F. Garry, Judge. Action by the Chicago & Northwestern Railway Company against the county of Faulk and William H. Smith, treasurer thereof for an injunction restraining the selling of certain realty for taxes. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtHanry, P. J.
After having paid such taxes as were conceded to be legal, the plaintiff instituted this action for the purpose of restraining the defendant county and its treasurer from selling the plaintiff’s property to satisfy a tax alleged to be illegal. Judgment having been rendered in favor of the plaintiff, defendants appealed therefrom, and from an order denying their application for a new trial.
In September, 1897, the commissioners of the defendant county levied the following taxes for the current year: “County general fund four and one-half mills on the dollar valuation; sinking fund, three *502and…
2Cases cited7 opinions
- In re State WarrantsSouth Dakota Supreme Court · 1895
- Shannon v. City of HuronSouth Dakota Supreme Court · 1896
- Union Pacific Railroad v. Board of County CommissionersNebraska Supreme Court · 1880
- Western Town-Lot Co. v. LaneSouth Dakota Supreme Court · 1895
- Lawrence County v. Meade CountySouth Dakota Supreme Court · 1897
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3Cited by2 opinions
- Fremont, E. & M. V. Railway Co. v. Pennington CountySouth Dakota Supreme Court · 1905
- Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934