State v. C. A. Smith Timber Co.
State v. C. A. Smith Timber Co.
Opinion of the Court
This is an appeal from a judgment entered in an action brought by the state against the C. A. Smith Timber Company for personal property taxes. The trial court found that the defendant, being required by the city assessor of the city of Minneapolis to list its property for taxation for the year 1906, made out and delivered to the assessor a list and schedule of personal property owned by it and in its possession or under its control on the first day of May, 1906, described as “logs, lumber, lath, and shingles in hands of manufacturers,” of the value of $300,000. The assessor accepted the list so re
The defendant moved to amend the findings, so as to mate it appear that the original value of $300,000 was fixed by the assessor, instead of by the defendant, in the list and schedule, and to find that the logs and lumber assessed at $29,500 were part of the property originally assessed as returned by the defendant and valued at $300,000. The court declined to change or amend the findings, and the original finding must stand, if sustained by the evidence. The appellant’s contention is that the logs covered by the second or arbitrary assessment were included in the first assessment, and that the same property has been assessed twice, while the trial court held that the arbitrary assessment was made by the assessor in the belief that the previous listing and assessment was incomplete and inaccurate to the extent of the amount of the arbitrary assessment. It thus appears that appellant complains that the court has found against it on a question of fact, and that no principle of law is involved. We find no evidence in the record which would require the court to find that the arbitrary assessment was a duplication, or that it was other than as found by the trial court, and therefore afiirm the judgment.
Reference
- Full Case Name
- STATE v. C. A. SMITH TIMBER COMPANY
- Status
- Published