Billings Sugar Co. v. Fish
Montana Supreme Court
Appeal from Thirteenth Judicial District Court, Yellowstone County; Sydney Fox, Judge. Action by the Billings Sugar Company and others against J. W. Fish, county treasurer, and others. From a judgment for defendants, and from an order denying a new trial, plaintiffs appeal.
Read the full summary
Appeal from Thirteenth Judicial District Court, Yellowstone County; Sydney Fox, Judge. Action by the Billings Sugar Company and others against J. W. Fish, county treasurer, and others. From a judgment for defendants, and from an order denying a new trial, plaintiffs appeal. In addition to the authorities noted by the court in its opinion upon the question whether the Act in question is in conflict with, and violative of, the state Constitution, counsel for appellants cite the following: In re Byers, 72 N. Y. 1, 28 Am. Rep. 88; Fleming v. Hull, 73 Iowa, 598, 35 N. W. 673; Jenal v. Green Island…
1Opinion of the CourtJustice Smith
A brief statement will suffice to indicate the points of law involved in these appeals. Plaintiffs brought their action against the county treasurer, county commissioners, and county drain commissioner of Yellowstone county, to recover certain moneys paid as taxes in the year 1907, under protest, and to restrain the collection of similar taxes in subsequent years. These taxes for 1907 were collected by virtue of Chapter 106, page 254, Session Laws of 1905, now found, as amended by the Laws of 1907, under Part III, Title 11, Revised Codes, known as the “Drainage District Law.” The Act was…
2Cases cited28 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
23 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Thaanum v. Bynum Irrigation DistrictMontana Supreme Court · 1925
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- State Ex Rel. City of Great Falls v. JeffriesMontana Supreme Court · 1928
- In re Dexter-Greenfield Drainage Dist.New Mexico Supreme Court · 1915
- Bidlingmeyer v. City of Deer LodgeMontana Supreme Court · 1954
17 more not listed; retrieve them via the Exa API.