City of Coffeyville v. Wells

The opinion of the court was delivered by

Thiele, J.:

This was an action brought in the district court of Montgomery county to restrain Seth Wells, as state oil inspector, from collecting or attempting to collect, directly or indirectly, the motor-vehicle fuel tax on gasoline purchased by the plaintiff city for municipal uses. Summons directed to the sheriff of Shawnee county was issued and served in Shawnee county. Thereafter the defendant filed his motion to quash service and to dismiss for the following reasons:

“That he, as state oil inspector of the state of Kansas, keeps and maintains his…