Mutual Life Insurance Co. of New York v. Martien
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County; Henry C. Smith, Judge. Application by the Mutual Life Insurance Company of New York for injunction against Charles U. Martien, an assessor of taxes, to restrain defendant from collecting taxes from plaintiff. From an order granting the injunction, defendant appeals.
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Appeal from District Court, Lewis and Clarke County; Henry C. Smith, Judge. Application by the Mutual Life Insurance Company of New York for injunction against Charles U. Martien, an assessor of taxes, to restrain defendant from collecting taxes from plaintiff. From an order granting the injunction, defendant appeals. Portions of the constitution must be construed in connection with the other provisions of that instrument, and such a con-sruetion placed upon the whole as will best accord with its spirit and the intention of its framers, as well as give force and effect to its several parts.…
1Opinion of the CourtJustice Milbubn
*439The appellant assessor, being about to seize and sell the furniture and certain other personal property in the office of the respondent in order to enforce the payment of taxes for the year 1902, — there not being a lien on sufficient or any real estate to secure such payment, — the district court granted an injunction pándente lite. The assessor appeals from the order granting the injunction. The attorney general relies upon Chapter TX, Part III, Title X, — -being Sections 3940-3948 of the Political Code.
The only one of the sections comprising the Chapter IX necessary for us to consider is…
2Cases cited1 opinion
- Gibbons v. OgdenSupreme Court of the United States · 1824
3Cited by13 opinions
- State v. McKinneyMontana Supreme Court · 1904
- Northwestern Mutual Life Insurance v. Lewis & Clarke CountyMontana Supreme Court · 1903
- State v. MalcomIdaho Supreme Court · 1924
- Blomquist v. Board of County CommissionersIdaho Supreme Court · 1913
- Missouri River Power Co. v. SteeleMontana Supreme Court · 1905
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