OESTERLE v. LAVIK

No. 7283.

52 N.W.2d 297 (1952)

OESTERLE v. LAVIK.

Supreme Court of North Dakota.

Rehearing Denied March 21, 1952.


Attorney(s) appearing for the Case

E. T. Christianson, Atty. Gen., C. E. Brace, Clair M. Ghylin and Paul W. Buehler, Asst. Attys. Gen., for appellant.

William R. Mills, Bismarck, for respondent.


BURKE, Judge.

In February, 1950, the petitioner herein paid to the respondent, Motor Vehicle Registrar, the tax, levied by Section 57-4012, NDRC 1943, on a Pontiac Sedan owned by him. He disputed the applicability of the tax to his motor vehicle claiming an exemption under the provisions of Section 57-4010, NDRC 1943. However, in order to secure his 1950 motor vehicle license, he paid the tax under protest. In September of 1950 he petitioned the District Court of...

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