Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-06-21
In the SupremeCo

F. w. Tisdale, Plaintiff and appellan
VS.. Ward County, North Dakota, de-
PENDANT and respondent.
/. Under section 1855, revise
codes, 1905, the fee owner of Ian
not subject to taxation, or a perso
claiming to be such, can recover fror
the county moneys paid to redee1
from tax sale even though such ta
sale has not been previously adjudge'
void. Van Nest v. Sargent Co., 7 N
D. 1879, 70 N. w. 1888, distinguished
2. Complaint examined, and bel,
! to state facts sufficient to constitute
cause for action.
3. Respondents action that appel
lsnt's proper remedy was an applica
ton to the board of county commits
s.oners for an order abating the taxes
considered and held untenable.
Syllabus by the court.
Appeal from the district court Of
Ward county, Hon. E. B. Goss, J..
Action by F. w. Tisdale against the
county of Ward, North Dakota, a cor
poration.
From an order sustaining the demur
rer to plaintiffs complaint, plaintiff
appeals.
Reversed.
F. B. Lambert, for appellant.
Dudley L. Nash, for respondent.
Opinion of the court by Carmody
j., all concurring except Morgan, C. j.,
not participating.
Aneta Mercantile Co., corporation,
plaintiff and respondent, VS.. E. ].
Groseth and Oline Groseth, his wife.
defendants and appellants.
l. In an appeal to the district court
from a judgment rendered in justice
court by default, the serving of appel
lan's pleading with the undertaking, is
prerequisite to the transfer of juris-
dctlon to the district court.
2. The service of appellants pleading
in such cases pertains to the jurisdic-
ton of the district court over the
cause and subject matter, and was
not waived by the stipulation of the
parties to continue the case over the
January, 1909 term of the district
court.
Syllabus by the court.
Appeal from the district court of
Nelson county, Templeton, J.
Action by Aneta Mercantile com.
pany a corporation, against E. J..
eros eth and Oline Groseth. his wife.
from judgment in favor of plain.
tiff, defendants appeal
Affirmed.
Skulason and Burtness, for appel
lants.
M. A. Shirley and Scott Rex, for
respondent.
Opinion of the court by Carmody, J.
all concurring.
Garfield School District. ct al. plain
tiffs and respondents, VS.. Hanna
ford School District, ct AL, defend
ants and appellants.
l. The board of education of Han
naford special school district, having,
under section 949, R. c., 1905, annexed
adjacent territory to said special
school district for school purposes,
upon application in writing signed by
fourteen voters of such adjacent ter
ritory.
Held, under the facts of this case
that the question as to whether said
application was signed by a majority
of the voters of such adjacent ter
rltory is not open to attack at this
time. Held, further, the board of edu-
cation, having made the order for
of such adjacent territory,
1t is presumed that the board did
everything which the statute in ques-
ton required it to do, before it made
that order. The presumption is that
public officials do as the law and their
duty require them.
2. Under the facts stated in the
opinion, held, that the plaintiffs are
estopped from questioning the valid
1ty Of the proceedings of the board
OF education in annexing adjacent ter
r1tory to Hannaford special school dis.
trict.
Syllabus by the court.
Appeal from the district court of
Griggs county, Burke, J.
Action by Greenfield School District,
ct al, against Hannaford Special
school district, ct al.
AoAA q Juu6A1CHL LII ldVOT OI DIdln-
t1ffs, defendants appeal.
Reversed.
Engerud, Holt and Frame. for appel
liant.
Lee Combs, for respondents.
Opinion of the court by Carmody, J.,
all concurring except Morgan, c. j.,
not participating.
CAPITOL TELEPHONE COMPANY
Notice is hereby given, that at
Meeting of the stockholders of the
Capitol Telephone Company, a cor
created and organized under
he laws of the state of West Vir-
,inia, held at Bismarck on the 9Th
lay of June, 1910, the following reso-
uti0ns were adopted:
Now, therefore,, be it resolved,
FIRST, that said corporation, the Cap
toll Telephone Company, a corpora
ion created and organized under the
avs of the state of West Virginia,
loes hereby discontinue business as
! corporation and surre1ders to said