168 P. 38 | Mont. | 1917
delivered the opinion of the court.
The plaintiffs are the owners of certain property in the city of Butte, which property is included within special improvement district No. 108, created on April 27, 1910. On May 18 an ordinance was passed for paving said district, plans and specifications were prepared by the city engineer, and on July 20
To the complaint setting forth the above facts the defendant demurred generally, and, its demurrer having been overruled, answered with the pleas that plaintiffs’ alleged cause of action is barred by section 1 of Chapter 135, Session Laws of 1909, by section 2742, Revised Codes, as amended by section 1, Chapter 135, Session Laws of 1909, by section 2, Chapter 135, Session Laws of 1909, and by section 2743, Revised Codes, as amended by section 2, Chapter 135, Session Laws of 1909. The plaintiffs demurred to these pleas as insufficient and, their demurrer being overruled, declined to plead further. Thereupon the defendant moved for judgment on the pleadings for want of a
The plaintiffs’ contention is that error was committed in overruling their demurrer to the defendant’s pleas of limitation, and in granting the defendant’s motion for judgment, because the statutory provisions invoked have no application to the subject matter, the special assessment paid under protest not being a “tax, license or other demand for public revenue.”
Presumably, the motion was granted for want of a reply; but
For other reasons, however, it is doubtful if the plaintiffs could
The judgment is affirmed.
'Affirmed.