Chicago & N. W. R. Co. v. Gillis, No. 10049

CourtSupreme Court of South Dakota
Writing for the CourtPER CURIAM; MANSON, Circuit Judge, sitting for SMITH
Citation80 S.D. 57,118 N.W.2d 316
PartiesCHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Petitioner, v. Bruce D. GILLIS as Commissioner of Revenue of the State of South Dakota et al., Respondents.
Decision Date07 December 1962
Docket NumberNo. 10049

Page 316

118 N.W.2d 316
80 S.D. 57
CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Petitioner,
v.
Bruce D. GILLIS as Commissioner of Revenue of the State of
South Dakota et al., Respondents.
No. 10049.
Supreme Court of South Dakota.
Dec. 7, 1962.

Page 317

M. T. Woods, Sioux Falls, for petitioner.

A. C. Miller, Atty. Gen., John P. Dewell, Asst. Atty. Gen., Joseph H. Bottum, III, Asst. Atty. Gen., Pierre, for respondents.

PER CURIAM.

This is a companion case to Chicago, Milwaukee, St. Paul and Pacific Railroad Company v. Gillis et al., S.D., 118 N.W.2d 313. Application of the principles announced in that case to the fact situation here involved compels the conclusion that the writ must here be denied because petitioner has not shown that its operating properties have been assigned a taxable value in excess of 60% of their true and full value.

Accordingly the writ will be denied. No costs to be taxed.

All the Judges concur.

MANSON, Circuit Judge, sitting for SMITH, J., disqualified.

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2 practice notes
  • Chicago & N.W. Ry. Co. v. Gillis, No. 10313
    • United States
    • Supreme Court of South Dakota
    • February 14, 1967
    ...it was not shown (see 1962 figures) the taxable value was in excess of 60% Of true and full value. Chicago & N.W. Ry. Co. v. Gillis, 80 S.D. 57, 118 N.W.2d 316. See also Chicago & N.W. Ry. Co. v. Gillis, 80 [82 S.D. 475] S.D. 617, 129 N.W.2d 532 where the court held this action chal......
  • Chicago & N. W. Ry. Co. v. Gillis, No. 10113
    • United States
    • Supreme Court of South Dakota
    • July 6, 1964
    ...[80 S.D. 620] The question presented is whether the decision of this court in Chicago and North Western Railway Co. v. Gillis, S.D., 118 N.W.2d 316, is res judicata since it involved the evaluation of the entire operating property of the plaintiff for the year 1962 by the defendants, the Co......
2 cases
  • Chicago & N.W. Ry. Co. v. Gillis, No. 10313
    • United States
    • Supreme Court of South Dakota
    • February 14, 1967
    ...it was not shown (see 1962 figures) the taxable value was in excess of 60% Of true and full value. Chicago & N.W. Ry. Co. v. Gillis, 80 S.D. 57, 118 N.W.2d 316. See also Chicago & N.W. Ry. Co. v. Gillis, 80 [82 S.D. 475] S.D. 617, 129 N.W.2d 532 where the court held this action chal......
  • Chicago & N. W. Ry. Co. v. Gillis, No. 10113
    • United States
    • Supreme Court of South Dakota
    • July 6, 1964
    ...[80 S.D. 620] The question presented is whether the decision of this court in Chicago and North Western Railway Co. v. Gillis, S.D., 118 N.W.2d 316, is res judicata since it involved the evaluation of the entire operating property of the plaintiff for the year 1962 by the defendants, the Co......

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