Hays v. Hill
Supreme Court of Kansas
Error from Osborne District Court. Action by Hill and two others, taxpayers of School District No. 13, of Osborne county, to enjoin the collection of a certain tax levied upon the property of said school district by order of the district board for the year 1874. The petition was filed in February 1875, and Hays, county treasurer, was made sole defendant. Hays demurred. The district court, at the April Term 1875, overruled the demurrer, and decreed a perpetual injunction.
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Error from Osborne District Court. Action by Hill and two others, taxpayers of School District No. 13, of Osborne county, to enjoin the collection of a certain tax levied upon the property of said school district by order of the district board for the year 1874. The petition was filed in February 1875, and Hays, county treasurer, was made sole defendant. Hays demurred. The district court, at the April Term 1875, overruled the demurrer, and decreed a perpetual injunction. Hays brings the case here for review.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Z. M. Hill, ~W. Bortzfield and W. Shearer against R. R. Hays, treasurer of Osborne county, for the purpose of perpetually enjoining the collection of a certain tax. A temporary injunction was allowed at the time of the commencement of the action. Afterward the defendant demurred to the plaintiffs’ petition, on the grounds, 1st, that the petition showed upon its face a defect of parties defendant; and 2d, that the *361petition did not state facts sufficient to constitute a cause of action. The defendant also moved…
2Cases cited2 opinions
- Marcy v. Township of OswegoSupreme Court of the United States · 1876
- Gilmore v. FoxSupreme Court of Kansas · 1872
3Cited by8 opinions
- Knopf v. Chicago Real Estate BoardIllinois Supreme Court · 1898
- Allison v. HattonOregon Supreme Court · 1905
- Voss v. Union School District No. 11Supreme Court of Kansas · 1877
- Yount v. HooverSupreme Court of Kansas · 1915
- Cassatt v. Board of CommissionersSupreme Court of Kansas · 1888
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