Chicago & N. W. Ry. Co. v. Faulk County

Citations

• 15 S.D. 501
• 90 N.W. 149
• 1902 S.D. LEXIS 42

Syllabus

<p>1. A sinking fund tax, authorized by Laws 1897, Chap. 28, § 71, to pay interest on and principal of outstanding debt, is void, where there are merely ordinary county warrants outstanding.</p> <p>2. Even if a taxpayer may be estopped by lapse of time from resisting collection of void tax, there is no laches, having such effect, where, in February succeeding levy in September^ he makes offer tó pay legal taxes, which is rejected, and the following September, under agreement with the county that it should not affect its rights, pays the admitted legal tax, and in November commences action to restrain collection of the disputed tax.</p>