City of Emporia v. Whittlesey
Supreme Court of Kansas
Error from Lyon District Court. The only question here is as to the legality of an order made by the district court, at'November Term 1876, taxing certain costs in an equity action to The City of Emporia. The city brings the case here. The opinion contains a sufficient statement of the facts.
1Opinion of the Court
*18The opinion of the court was delivered by
Valentine, J.:
On 12th January 1872, the defendants in error, plaintiffs below, commenced this action against the county clerk and treasurer of Lyon county, to perpetually enjoin the collection of certain taxes levied by the city of Emporia. At the time this action was commenced, and up to 15th August 1872, these taxes were illegal and void, and might properly have been enjoined; but on said August 15th, the city of Emporia relevied said taxes, and thereby made them legal and valid. On February 25th 1873, the plaintiffs below amended their petition,…
2Cases cited1 opinion
- City of Emporia v. BatesSupreme Court of Kansas · 1876
3Cited by3 opinions
- Meskimen v. DaySupreme Court of Kansas · 1886
- Gentry v. WeaverSupreme Court of Kansas · 1930
- McCleery v. McCleery Lumber Co.Supreme Court of Kansas · 1934