Legal Opinion

City of Atchison v. Price

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 15 opinions

Error from Atchison District Court. Theee actions were brought in the district court of Atchison county, to enjoin the issuance of improvement bonds and the levy and collection of special taxes to pay for the construction of a sewer which had been built and completed in the city of Atchison by contractors Shaw & Downing.

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Error from Atchison District Court. Theee actions were brought in the district court of Atchison county, to enjoin the issuance of improvement bonds and the levy and collection of special taxes to pay for the construction of a sewer which had been built and completed in the city of Atchison by contractors Shaw & Downing. One action was brought by John M...Price and W. W. Guthrie against the city of Atchison, the mayor aud councilmen thereof, and Shaw & Downing; the second action was brought by A. H. Lam-phear and sixty-seven others, against the same defendants; the third action was brought by…

1Opinion of the Court

The opinion of the court was delivered by

JOHNSTON, J.:

The decision and decree of the court holding the special taxes to be illegal, and enjoining the making of any provision for their payment, is placed upon the failure of the city and its officers to make an assessment upon the property in blocks 14 and 17 for a proportion of the cost of the sewer. The other conclusions are against the defendants in error, and although they excepted to the rulings adverse to them, and asked for a new trial, they have presented no petition or cross-petition in error, asking for a review of such adverse…

2Cases cited4 opinions

  1. Gilmore v. HentigSupreme Court of Kansas · 1885
  2. City of St. Paul v. MullenSupreme Court of Minnesota · 1880
  3. In the Matter of the Petition of LowdenNew York Court of Appeals · 1882
  4. In re TappenNew York Supreme Court · 1869

3Cited by15 opinions

  1. In re the Appeal of Boeing Co.Supreme Court of Kansas · 1997
  2. Mullins v. City of El DoradoSupreme Court of Kansas · 1968
  3. McGarvey v. SwanWyoming Supreme Court · 1908
  4. Mills Mill v. HawkinsSupreme Court of South Carolina · 1957
  5. Brown v. SllvertonOregon Supreme Court · 1920

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