Brown v. Milliken
Supreme Court of Kansas
Error from Labette District Court. Action brought by the plaintiffs in error, tax-payers of the city of Chetopa, to enjoin a tax levied in the year 1888 to pay the interest and an installment of the principal of certain funding bonds issued by Richland township in the years 1879-80, to compromise and cancel $50,000 in bonds issued by the township in July, 1870, in payment of a subscription to the capital stock of the Missouri, Kansas & Texas Railway Company.
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Error from Labette District Court. Action brought by the plaintiffs in error, tax-payers of the city of Chetopa, to enjoin a tax levied in the year 1888 to pay the interest and an installment of the principal of certain funding bonds issued by Richland township in the years 1879-80, to compromise and cancel $50,000 in bonds issued by the township in July, 1870, in payment of a subscription to the capital stock of the Missouri, Kansas & Texas Railway Company. The record shows that at the time the bonds were voted to the Missouri, Kansas & Texas Railway Company, Richland township embraced the…
1Opinion of the Court
Opinion by
Clogston, C.:
The plaintiffs in error now contend that the tax-payers of Chetopa are not liable for this tax, for the reasons, first, that the city of Chetopa is no part of the township of Richland. Second, that the funding bonds were illegally issued — first, because in excess of the amount authorized by law; second, in excess of the amount stated in the notice and proclamation of election; third, because the notice of election gave only fifteen days’ notice, whereas the statute requires that thirty days’ notice of such election be given the electors. Third, that the funding bonds…
2Cases cited7 opinions
- Ward v. JohnsonIllinois Supreme Court · 1880
- Board of Commissioners v. Board of CommissionersSupreme Court of Kansas · 1881
- Board of Commissioners v. HinchmanSupreme Court of Kansas · 1884
- Meyer v. BrownCalifornia Supreme Court · 1884
- County of Tipton v. Locomotive WorksSupreme Court of the United States · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Schmitz v. ZehSupreme Court of Minnesota · 1904
- Flanigan v. Leavenworth Recreation CommissionSupreme Court of Kansas · 1976
- Oswego Township v. AndersonSupreme Court of Kansas · 1890