Legal Opinion

St. Joseph & Denver City Railroad v. Smith

Supreme Court of Kansas

Decided July 15, 1877PublishedCited by 15 opinions

Error from Marshall District Court. Action by the county treasurer, against the Railroad Company, and William Bond as receiver of said company, to recover certain unpaid taxes levied on certain real property belonging to said Railroad Company in Marshall county.

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Error from Marshall District Court. Action by the county treasurer, against the Railroad Company, and William Bond as receiver of said company, to recover certain unpaid taxes levied on certain real property belonging to said Railroad Company in Marshall county. The property is described in the petition as follows: “In Guittard township, the road-bed, right-of-way, and railroad track of said company, situate in Guittard township, a strip of land extending on each side of said railroad track, and embracing the same together, with all the stations and improvements thereon, commencing at the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action to recover certain taxes levied upon the property of the railroad company for the year 1874. And the first question presented is one of jurisdiction. It is insisted that the district court had no jurisdiction of an action against a receiver duly appointed by the U. S. circuit court. It will be proper to notice first, how the question is presented in the record. There appears a petition filed by the county treasurer, and the joint answer of the railroad company and the receiver. The fact of the appointment of the receiver…

2Cases cited6 opinions

  1. Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
  2. Kinney v. CrockerWisconsin Supreme Court · 1864
  3. Hills v. ParkerMassachusetts Supreme Judicial Court · 1873
  4. Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876
  5. Paige v. SmithMassachusetts Supreme Judicial Court · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Baker v. Denver Tramway Co.Supreme Court of Colorado · 1922
  2. Mulcahey v. StraussIllinois Supreme Court · 1894
  3. Central Trust Co. v. East Tennessee, V. & G. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1894
  4. State ex rel. Godard v. State Bank of CirclevilleSupreme Court of Kansas · 1911
  5. Geddis v. Wayne Circuit JudgeMichigan Supreme Court · 1908

10 more not listed; retrieve them via the Exa API.

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