City of Wyandotte v. Wood
Supreme Court of Kansas
Error from Wyandotte County. The facts of the case fully appear in the subjoined opinion of the court. 1. Courts favor the validity of the law which is in question, and where courts are called upon to pass on a law that has been duly framed by the legislature, they will never decide that it is invalid unless this is proved beyond a reasonable doubt, and a statute will in no case be deemed absolutely void.
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Error from Wyandotte County. The facts of the case fully appear in the subjoined opinion of the court. 1. Courts favor the validity of the law which is in question, and where courts are called upon to pass on a law that has been duly framed by the legislature, they will never decide that it is invalid unless this is proved beyond a reasonable doubt, and a statute will in no case be deemed absolutely void. Ogden v. Sanders, 12 Wheat., 270; Wellington et al., Petitioners, etc., 16 Pick., 87; The People v. Draper, 15 N. Y., 545, 549; Morris v. The People, 3 Denio, 394; Fletcher v. Peck, 6…
1Opinion of the Court
By the Court,
Valentine, J.
The facts of the case are substantially as follows: On the 23d day of February, A. D. 1867, the legislature of the State of Kansas passed a special act extending the corporate limits of the city of Wyandotte over certain lands belonging to the defendants in error, George B. Wood and David E. James. Laws of 1867, page 284.
In the year 1868 the city of Wyandotte levied certain taxes on these lands, and the said Nicholas McAlpine, as treasurer of said county, was about to proceed to collect the same, when the said Wood and James commenced this action for the purpose of…
2Cases cited1 opinion
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
3Cited by15 opinions
- Beach v. LeahySupreme Court of Kansas · 1873
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- Gilmore v. NortonSupreme Court of Kansas · 1872
- Farrell v. Port of ColumbiaOregon Supreme Court · 1907
- Gray v. CrockettSupreme Court of Kansas · 1883
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