7 Nev. 99 | Nev. | 1871
By the Court,
The state filed a complaint, in the usual statutory form, against the defendant, for the recovery of a tax due and unpaid for the year 1869. The defendant’s answer was demurred to, and the demurrer sustained. A supplemental answer was also filed, and after-wards an amended answer, which was also demurred to, and the demurrer sustained; and upon refusal to amend, judgment was rendered for the state, from which defendant appeals.
The grounds taken by the demurrer are: first, that the facts relied on in the answer are not alleged with sufficient certainty; and secondly, admitting the pleading to be sufficient in this particular, still the facts do not constitute a defense. The defense pleaded is fraud in the assessment, and the facts constituting it are thus charged in the defendant’s pleading: “ That on or about the tenth day of August, a. d. 1869, John Corning, then being the acting general superintendent and managing agent of the Central Pacific Railroad Company of California, the aforesaid defendant, did furnish and deliver to said assessor a duly verified statement of the property belonging to the said railroad company, with the value thereof set down, as required by the act of said state, entitled “An act supplemental to an act, entitled an act to provide revenue for the support of the government of the state of Nevada, approved March 19th, 1865, amendatory thereof,” approved March 6th, 1869. Said statement was duly sworn to by the said John Corn
The first question necessary to be determined here is, whether there is a direct allegation that the property was assessed beyond its real and just value — whether fifteen thousand dollars per mile was an excessive valuation; for if there be no such allegation, it must be
It is equally clear that the law only requires property to be assessed at its fair value — by which it is to be understood, its just, honest, equitable or reasonable worth or price. Does the law require more ? Certainly not. It only demands that an honest and just estimate of value shall be placed upon property for the purpose of taxation. Nor does it always require its exact value ; for in a majority of cases there is something which cannot be ascertained by fixed and unalterable rules; where it has no fixed market value, it can only be arrived at approximately, by calculation or estimation, by comparing it with other property of similar character, by the extent of its productiveness, or the revenue which may be derived from it, taking also into consideration its durability, the probable length of time that it will yield a profit, with numerous other matters which often necessarily enter into or affect its value. In
But is the allegation equivalent to an allegation that six thousand dollars was the fair value of the road; that is, would there have been any substantial difference in the allegation had the word u value ” been used instead of “ valuation ” ? Evidently not. The word valuation as here employed signifies value. Valuation is defined as the price set upon anything — the estimated or rated worth of anything; value. The words, as defined, seem to be synonymous. Value is generally but an estimate of the worth of a thing — there is not an exact standard whereby it can always be determined; and valuation, when used in its passive signification, as in this alligation, means the estimated value or worth placed on the thing.
Here then, is a'n allegation that the fair or just value of the road (and consequently the value which the law made it the assessor’s duty to place upon it) was six thousand dollars per mile. But it is charged that, although he knew this to be its fair value, yet contrary to his official judgment, and with intent to defraud the defendant, he fraudulently and craftily set down and assessed the
The demurrer was improperly-sustained. The order and judgment below must, therefore, be reversed.