Legal Opinion

Burnes v. Mayor of Atchison

Supreme Court of Kansas

Decided March 15, 1864PublishedCited by 8 opinions

Error from Atchison Covmty. A writ of error from a decision of the Court dissolving a temporary injunction theretofore issued in an action brought by plaintiff in error to restrain the collection of taxes on lots in the City of Atchison, levied under the charter and ordinances of that city.

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Error from Atchison Covmty. A writ of error from a decision of the Court dissolving a temporary injunction theretofore issued in an action brought by plaintiff in error to restrain the collection of taxes on lots in the City of Atchison, levied under the charter and ordinances of that city. The case was submitted to the Court below on the following agreed fact: That in the year A. D. 1859, the assessments for taxes were made for that year by the said Mayor and Counoilmen of the City of Atchison, of the following amounts, and for the purposes following, to-wit: One per cent, on the assessed…

1Opinion of the Court

By the Court,

Kingman, J".

This action in the Court below was brought .to restrain by injunction the collection of a tax of one per cent, upon the real estate of the plaintiffs in the City of Atchison, levied to pay the interest on certain bonds issued by the authority of the city for certain railroad stock, and a tax of one per cent, for the improvement of streets and alleys in addition to one per cent, levied for general city revenue, and paid by plaintiffs, on the ground that the city had no power to impose such taxes. A judgment was rendered for the defendants below, which is brought here…

2Cases cited2 opinions

  1. Barto v. . HimrodNew York Court of Appeals · 1853
  2. Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858

3Cited by8 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
  3. Wyandotte & Kansas City Bridge Co. v. Board of County CommissionersSupreme Court of Kansas · 1872
  4. City of Delphi v. BowenIndiana Supreme Court · 1877
  5. Luke v. PattersonSupreme Court of Oklahoma · 1941

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