Legal Opinion

State v. Ward

Supreme Court of Minnesota

Decided May 4, 1900No. Nos. 12,225-(267)PublishedCited by 3 opinions

In proceedings in the district court for Scott county, under Laws 1899, c. 322, to enforce payment of taxes prior to the year 1897 on certain land, E. E. Ward interposed an answer, and the matter Was tried before Cadwell, J., who ordered judgment against defendant for the year 1893 only, with penalties, costs, and disbursements. On application of the county, the court certified to the supreme court for its determination the following points: First.

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In proceedings in the district court for Scott county, under Laws 1899, c. 322, to enforce payment of taxes prior to the year 1897 on certain land, E. E. Ward interposed an answer, and the matter Was tried before Cadwell, J., who ordered judgment against defendant for the year 1893 only, with penalties, costs, and disbursements. On application of the county, the court certified to the supreme court for its determination the following points: First. Is it necessary that an answer, filed in proceedings under Laws 1899, c. 322, should be verified? If so, may the court permit the answer to be…

1Opinion of the Court

LOVELY, j.

This cause arises under Laws 1899, c. 322, which was enacted to provide for a clearing up of delinquent taxes remaining unpaid for prior years, upon which the statute of limitations had not run. This cause was recently heard, but has been certified to this court for review upon several propositions involved therein, under G. S. 1894, § 1589, because, in the opinion of the trial court, the points were of great public importance, and likely to arise frequently.

Generally stated, the proceedings under Laws 1899, c. 322, § 2, adopt the system of practice in vogue for the collection of…

2Cases cited3 opinions

  1. Cool v. KellySupreme Court of Minnesota · 1899
  2. Pine County v. LambertSupreme Court of Minnesota · 1894
  3. Kipp v. ElwellSupreme Court of Minnesota · 1896

3Cited by3 opinions

  1. In re Judicial Ditch No. 52Supreme Court of Minnesota · 1915
  2. Stanton v. DavidsonSupreme Court of Minnesota · 1910
  3. Burnside v. MooreSupreme Court of Minnesota · 1914

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