Legal Opinion

Weyand v. Stover

Supreme Court of Kansas

Decided July 15, 1886PublishedCited by 18 opinions

Error from Republic District Court. Action brought by Weyand and others, against Stover, as treasurer of Republic county, and others, to eujoiu defendants from collecting certain taxes. The defendants demurred to plaintiffs' petition on the ground that it does not state facts sufficient to constitute a cause of action. At the April Term, 1884, the court'sustained the demurrer, and rendered judgment for costs against the plaintiffs. , They bring the case here.

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Error from Republic District Court. Action brought by Weyand and others, against Stover, as treasurer of Republic county, and others, to eujoiu defendants from collecting certain taxes. The defendants demurred to plaintiffs' petition on the ground that it does not state facts sufficient to constitute a cause of action. At the April Term, 1884, the court'sustained the demurrer, and rendered judgment for costs against the plaintiffs. , They bring the case here. Other facts appear in the opinion. Chapter 80 of the Session Laws of 1;883 has the following title: “An act authorizing the board of…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by Daniel Weyand and others in the district court of Republic county, to enjoin the defendánt, S. G. Stover, treasurer of Republic county, and others, from collecting .certain taxes because of their supposed .invalidity. A demurrer to the plaintiffs’ petition was interposed by the defendants, upon the ground that the petition did not state facts sufficient to constitute a cause *551of action. This demurrer was sustained by the district court. The plaintiffs bring the case to this court.

The taxes sought to be…

2Cases cited4 opinions

  1. Division of Howard CountySupreme Court of Kansas · 1875
  2. State v. BarrettSupreme Court of Kansas · 1882
  3. State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
  4. In re VanderbergSupreme Court of Kansas · 1882

3Cited by18 opinions

  1. Harris v. ShanahanSupreme Court of Kansas · 1963
  2. Diefendorf v. GalletIdaho Supreme Court · 1932
  3. State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
  4. State v. WraySupreme Court of Missouri · 1891
  5. Missouri, Kansas & Texas Railway Co. v. SimonsSupreme Court of Kansas · 1907

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