YUSTEN v. MORRISON

No. 9822-a.

103 N.W.2d 653 (1960)

Howard YUSTEN, Plaintiff and Appellant, v. Catherine MORRISON, as County Treasurer of Clay County, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

Rehearing Denied August 18, 1960.


Attorney(s) appearing for the Case

Bogue & Weeks, Vermillion, for plaintiff and appellant.

Robert T. Antony, State's Atty., Vermillion, for defendant and respondent.


ROBERTS, Presiding Judge.

Plaintiff appeals from a judgment for the defendant in an action which was commenced to obtain a refund of an alleged illegal portion of taxes levied on two lots and the improvements thereon in the city of Vermillion and which taxes had been paid under protest to the defendant county treasurer.

The complaint alleges in substance that the assessment as outlined therein was in excess of sixty per cent of the actual value of plaintiff...

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