Stewart v. Board of Commissioners
Supreme Court of Kansas
Error from, Wyandotte District Court. Action brought by Stewart, on November 10,1888, against the County Board and others, to restrain the collection of a certain tax. Judgment for the defendants for costs, on September 22, 1889. The plaintiff brings the case to this court. The material facts are stated in the opinion.
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Error from, Wyandotte District Court. Action brought by Stewart, on November 10,1888, against the County Board and others, to restrain the collection of a certain tax. Judgment for the defendants for costs, on September 22, 1889. The plaintiff brings the case to this court. The material facts are stated in the opinion. The case was heard on October 10, 1890, and at the session of the court in January, 1891, it was decided, and there was filed herein an opinion, (syllabus and opinion by Simpson, C.,) recommending that the judgment of the district court be reversed, and the case remanded for a…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
In the former opinion banded down in this case, prepared by SimpsON, C., it was asserted that Martin Stewart, the resident land-owner, who signed the petition for the improvement of the county road complained of, was not estopped by his acts or conduct from successfully prosecuting his action of injunction to restrain the collection of the special taxes levied on his land to pay the cost of grading and paving the county road known as the “Quindaro boulevard.” We have reexamined that opinion and various decisions affecting, the question…
2Cases cited9 opinions
- Daniels v. TearneySupreme Court of the United States · 1880
- Motz v. City of DetroitMichigan Supreme Court · 1869
- Lee v. TillotsonNew York Supreme Court · 1840
- Ferguson v. LandramCourt of Appeals of Kentucky · 1868
- Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Board of Commissioners v. AbbottSupreme Court of Kansas · 1893
- Levy v. Kansas CityCourt of Appeals for the Eighth Circuit · 1909
- Drenning v. Board of CommissionersSupreme Court of Kansas · 1938
- Union Pacific Railroad v. Board of County CommissionersSupreme Court of Kansas · 1913
- Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
13 more not listed; retrieve them via the Exa API.