Legal Opinion

Mendenhall v. Burton

Supreme Court of Kansas

Decided July 15, 1889PublishedCited by 15 opinions

Error from Linn District Court. On the 7th day of October, 1869, a plat of the town of La Cygne was duly filed in the office of the register of deeds of Linn county. The town thus platted contained about 150 acres. On the 14th of January following, the probate court of said county incorporated the original town of La Cygne and other territory adjacent thereto as the village of La Cygne.

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Error from Linn District Court. On the 7th day of October, 1869, a plat of the town of La Cygne was duly filed in the office of the register of deeds of Linn county. The town thus platted contained about 150 acres. On the 14th of January following, the probate court of said county incorporated the original town of La Cygne and other territory adjacent thereto as the village of La Cygne. This village became a city by the provisions of §1, chapter 60, Laws of 1871, which made all cities, towns and villages theretofore organized, containing not more than 2,000 inhabitants, cities of the third…

1Opinion of the Court

Opinion by

Holt, C.:

The plaintiff in error raises two questions for our determination: First, had the probate court any authority to incorporate the village of La Cygne ? Second, can a city assess and collect taxes on farming land within its limits, when such land has never been platted or divided into streets, alleys, etc.? The defendant in error, while contending that both these questions should be determined against the plaintiff’s claim, further argues that the power of the probate court to incorporate the village of La Cygne in January, 1870, cannot be inquired into on a question of the…

2Cases cited15 opinions

  1. Morford v. UngerSupreme Court of Iowa · 1859
  2. Board of Commissioners v. ShieldsSupreme Court of Missouri · 1876
  3. State v. Washington Social Library Co.Ohio Supreme Court · 1841
  4. People ex rel. Shumway v. BennettMichigan Supreme Court · 1874
  5. State ex rel. Goodnight v. GoowinTexas Supreme Court · 1887

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3Cited by15 opinions

  1. City of El Paso v. RuckmanTexas Supreme Court · 1898
  2. Lewis v. City of South HutchinsonSupreme Court of Kansas · 1946
  3. City of Houston v. LittleCourt of Appeals of Texas · 1922
  4. Hurla v. City of Kansas CitySupreme Court of Kansas · 1891
  5. Incorporation of Olsburg v. Board of County CommissionersSupreme Court of Kansas · 1923

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