Board of County Commissioners of Dakota v. Parker
Supreme Court of Minnesota
ERROR TO THE DISTRICT COURT OF DAKOTA COUNTY. Where recovery is demanded as a matter of right, if a party voluntarily pay it with a full knowledge of the facts upon which the demand is founded, he cannot recover it back, though the claim was unfounded. Clmdc vs. Dutchie, 9 Cow., 674; 1 Wend., 365; Supervisors, dee., vs. Briggs, 2 JDenio, 26/ Wyman vs. Farnesworth, 3 Ba/rb., 369; 9 John., 370; 2 Phil.
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ERROR TO THE DISTRICT COURT OF DAKOTA COUNTY. Where recovery is demanded as a matter of right, if a party voluntarily pay it with a full knowledge of the facts upon which the demand is founded, he cannot recover it back, though the claim was unfounded. Clmdc vs. Dutchie, 9 Cow., 674; 1 Wend., 365; Supervisors, dee., vs. Briggs, 2 JDenio, 26/ Wyman vs. Farnesworth, 3 Ba/rb., 369; 9 John., 370; 2 Phil. Eh., 118; 1 Taunt., 144; 2 East., 469. Voluntary payment of tax cannot be recovered back. 14 John, 89/ 8 John, 436/ 10 John, 360; 3 John, 434. The Statutes provide that application to have tax…
1Opinion of the Court
By the Court
ElaNdeau J.
The complaint makes out a cause of action against the Defendant, in regard to the tax of 1856. It alleges in substance that the Board of Commissioners did not examine the assessment rolls to ascertain whether the valuation of the real estate in the several districts bore a j ust relation or proportion to the valuation in all the districts in the county, as they were obliged to do under the provisions of sec. 23, p. 100, of the Old Revised Statutes. And also that the Defendants did not equalize the assessments as required in the succeeding section. These allegations…
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