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ALEXANDER, HOLLENBECK v. FLAGE

No. 9062.

244 P.2d 514 (1952)

ALEXANDER AND HOLLENBECK v. FLAGE.

Supreme Court of Montana.

Decided May 20, 1952.

Attorney(s) appearing for the Case

F.F. Haynes, Forsyth, W.B. Leavitt, Miles City, for appellant.

Arnold H. Olsen, Atty. Gen., Charles V. Huppe, Vera Jean Heckathorn, Asst. Attys. Gen., J.J. McIntosh, Co. Atty., Forsyth, for respondent.

METCALF, Justice.

In this action the plaintiff seeks to nullify the 1949 assessment of real property in Rosebud county, Montana. The pertinent allegation of the complaint raising the question is: "The plaintiff alleges that the taxes for the year 1949 amounting to the sum of $3,217.84 were unlawful and invalid and illegally levied for the reason that said taxes were not a levy of the duly elected, acting and constituted assessor of Rosebud County, Montana, but were...

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