McGrath v. City of Newton
Supreme Court of Kansas
Error from Harvey District Court. Action brought by McGrath and sixty-one others against The City of Newton and its officers, to perpetually enjoin them from collecting certain alleged illegal taxes «under “An ordinance to provide for a business license tax.” Upon the filing of the petition a temporary injunction was allowed. Defendants then filed a motion to dissolve the injunction, together with an affidavit denying the truth, of certain allegations in the petition.
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Error from Harvey District Court. Action brought by McGrath and sixty-one others against The City of Newton and its officers, to perpetually enjoin them from collecting certain alleged illegal taxes «under “An ordinance to provide for a business license tax.” Upon the filing of the petition a temporary injunction was allowed. Defendants then filed a motion to dissolve the injunction, together with an affidavit denying the truth, of certain allegations in the petition. The motion was heard by the court, August 28, 1882, when it was sustained, the injunction dissolved, and judgment for costs…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought in the district court of Harvey county, by J. E. McGrath and sixty-*366one others, to perpetually enjoin the city of Newton, a city of the second class, and its officers, from collecting certain alleged illegal taxes. Upon the filing of the petition a temporary injunction was granted by the court, and the defendants then filed a motion to dissolve-such injunction, upon the following grounds:
“1. That the plaintiffs herein are improperly joined, and have no such community of interests herein as legally entitles them…
2Cases cited14 opinions
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
- People v. ThurberIllinois Supreme Court · 1852
- City of Leavenworth v. BoothSupreme Court of Kansas · 1875
- Fretwell v. City of TroySupreme Court of Kansas · 1877
- Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
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3Cited by4 opinions
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Yount v. DenningSupreme Court of Kansas · 1894
- Beeler & Campbell Supply Co. v. WarrenSupreme Court of Kansas · 1939
- Omaha Crockery Co. v. CleaverSupreme Court of Kansas · 1919