Legal Opinion

Challiss v. Board of Comm'rs

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 15 opinions

Error from Atchison District Court. Injunction, brought by Challiss to restrain the Board of County Commissioners, the county treasurer and county clerk from transferring certain tax-sale certificates held by Atchison county on his property, and to enjoin the county clerk from issuing tax-deeds thereon. The district judge granted a temporary injunction. The defendants thereafter filed a demurrer. In this condition the case passed two regular terms of .the district court.

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Error from Atchison District Court. Injunction, brought by Challiss to restrain the Board of County Commissioners, the county treasurer and county clerk from transferring certain tax-sale certificates held by Atchison county on his property, and to enjoin the county clerk from issuing tax-deeds thereon. The district judge granted a temporary injunction. The defendants thereafter filed a demurrer. In this condition the case passed two regular terms of .the district court. In January 1874 defendants filed two motions to dissolve, one going to all the property, the other going to a part only.…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an action to restrain the issue of sale certificates, and the execution of tax-deeds, upon a number of lots belonging to plaintiff in the city of Atchison. It seems to us that this case is pretty fully covered by decisions already made in this court, and that there is scarcely any new question in it for consideration. A preliminary matter is however thus presented: Upon the filing of the petition a temporary injunction was granted. The defendants filed a demurrer to this petition, and thereafter a motion to dissolve the injunction.…

2Cases cited1 opinion

  1. City of Lawrence v. KillamSupreme Court of Kansas · 1873

3Cited by15 opinions

  1. Farrington v. New England Investment Co.North Dakota Supreme Court · 1890
  2. Fifield v. Marinette CountyWisconsin Supreme Court · 1885
  3. Pritchard v. MadrenSupreme Court of Kansas · 1880
  4. Knox v. DunnSupreme Court of Kansas · 1879
  5. Sweet v. BoydSupreme Court of Oklahoma · 1898

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