Legal Opinion

Yarnold v. City of Lawrence

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 24 opinions

Error from Douglas District Court. Injunction, brought by Yarnold and fifty-eight other lot-owners of the city of Lawrence, as plaintiffs, against said city, and the treasurer of Douglas county, as defendants, to enjoin the collection of certain special taxes. The facts and proceedings sufficiently appear in the opinion, infra.

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Error from Douglas District Court. Injunction, brought by Yarnold and fifty-eight other lot-owners of the city of Lawrence, as plaintiffs, against said city, and the treasurer of Douglas county, as defendants, to enjoin the collection of certain special taxes. The facts and proceedings sufficiently appear in the opinion, infra. A temporary injunction granted at the commencement of the action was afterward,in June 1873, on defendants’ motion,dissolved; and from the order dissolving said injunction the plaintiffs appeal, and bring the case here for review. 1. The powers of municipal…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

Plaintiffs in error, plaintiffs below, brought their action in the district court of Douglas county, seeking to restrain the defendants from selling their property for the non-payment of certain special taxes, and obtained, without notice, a temporary injunction. Subsequently upon motion the injunction was dissolved, and this ruling is the matter brought here for review. Two or three important questions-are presented. One, and perhaps the most important, is this: The tax in dispute was for the pavement of Massachusetts street in the city of…

2Cases cited4 opinions

  1. Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
  2. Dean v. CharltonWisconsin Supreme Court · 1869
  3. Hobart v. City of DetroitMichigan Supreme Court · 1868
  4. Nicolson Pavement Co. v. PainterCalifornia Supreme Court · 1868

3Cited by24 opinions

  1. Verdin v. City of St. LouisSupreme Court of Missouri · 1895
  2. Fishburn v. City of ChicagoIllinois Supreme Court · 1898
  3. Saunders v. City of Iowa CitySupreme Court of Iowa · 1907
  4. Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
  5. Ford v. City of Great FallsMontana Supreme Court · 1912

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