Legal Opinion

Kansas City, Topeka & Western Railroad v. Albright

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 2 opinions

Error from Wyandotte District Court. This cause comes up on the ruling of the district court in sustaining the motion of defendants in error, defendants below, to dissolve the injunction as to the second count stated in plaintiff’s petition.

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Error from Wyandotte District Court. This cause comes up on the ruling of the district court in sustaining the motion of defendants in error, defendants below, to dissolve the injunction as to the second count stated in plaintiff’s petition. The second count of plaintiff’s petition alleges substantially that the plaintiff is and was the owner of certain railroad property in the county of Wyan-dotte, of the value of $161,730; that at the time required by law, in the year 1883, there was levied upon said property a tax known as the poor-tax, of one mill on the dollar of the taxable property of…

1Opinion of the Court

The opinion of the court w£S delivered by

HoktoN, C. J.:

At the time prescribed by law for the levying of taxes for 1883, the board of county commissioners of *213Wyandotte county levied and assessed a tax of one mill on the dollar upon the taxable property of said county, from which the county revenue is directed to be raised, for the support of the poor of said county. The tax of one-eighth of a mill on the dollar, upon the taxable property of said county, was sufficient to raise the sum of five hundred dollars; therefore the tax of one mill on the dollar would raise an amount largely in excess…

2Cases cited2 opinions

  1. A. T. & S. F. Railroad v. WoodcockSupreme Court of Kansas · 1877
  2. Points v. JacobiaSupreme Court of Kansas · 1873

3Cited by2 opinions

  1. Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
  2. Atchison, Topeka & Santa Fe Railway Co. v. Board of County CommissionersSupreme Court of Kansas · 1912

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