Legal Opinion

Griffith v. Carter

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 13 opinions

Error from Ooffey District Oowrt. Injunction, to restrain the collection of taxes. Griffith, Dimca/n c& Dimean filed their petition alleging that during all the year 1870 they were partners in trade and had their domicile in Douglas county; that in November, 1869, they commenced business in the town of Burlington, Coffey county, under the firm-name and style of “ Marcell & Co.,” and so continued in business up to and after the 1st of January, 1871; that they owned and…

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Error from Ooffey District Oowrt. Injunction, to restrain the collection of taxes. Griffith, Dimca/n c& Dimean filed their petition alleging that during all the year 1870 they were partners in trade and had their domicile in Douglas county; that in November, 1869, they commenced business in the town of Burlington, Coffey county, under the firm-name and style of “ Marcell & Co.,” and so continued in business up to and after the 1st of January, 1871; that they owned and controlled all the goods and personal property of said firm of Marcell & Co., in Coffey county; that Jacob A. Marcell, whose…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

A single question is presented by the record and that is, in what county should certain property belonging to plaintiffs be listed for taxation. The facts are these: Plaintiffs all reside in Douglas county. They had a stock of goods in Burlington, Coffey county. The goods were in charge of Jacob A. Mareell, a clerk of theirs, for purposes of sale. They listed this property in Douglas county, and paid the taxes on it. Without their knowledge, consent, or authority, Mareell listed it in Coffey county, and the taxes not being paid a warrant…

2Cited by13 opinions

  1. State ex rel. Taggart v. HolcombSupreme Court of Kansas · 1911
  2. Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
  3. Kelley & Moyers v. BowmanWest Virginia Supreme Court · 1910
  4. Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
  5. Long v. CulpSupreme Court of Kansas · 1875

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