Legal Opinion

City of Emporia v. Bates

Supreme Court of Kansas

Decided January 15, 1876PublishedCited by 9 opinions

Error from Lyon District Court. The City of Emporia levied certain special taxes or assessments in 1871 to pay for certain street improvements which had been constructed under a contract with the city. The collection of these taxes was perpetually enjoined by decree of the district court, at the April Term 1872, at the suit of Bates and nine others, abutting lot-owners.

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Error from Lyon District Court. The City of Emporia levied certain special taxes or assessments in 1871 to pay for certain street improvements which had been constructed under a contract with the city. The collection of these taxes was perpetually enjoined by decree of the district court, at the April Term 1872, at the suit of Bates and nine others, abutting lot-owners. In July 1872 the mayor and council of said city passed an ordinance for the reassessment of said taxes, and in August thereafter said city council reassessed the same. This action was commenced in December 1872, to enjoin the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This case is stated by counsel for plaintiff in error, to be in all respects save one, similar to the case of the same plaintiff in error against Norton and others, heretofore decided by this court and reported in 13 Kas. 569. An examination of the record seems to support this statement of counsel; and as no brief is filed for the defendants in error, and no question made as to the correctness of the statement, we shall assume it to be true. It will be needless therefore to consider any of the questions considered in that case, either upon…

2Cases cited3 opinions

  1. Mills v. CharletonWisconsin Supreme Court · 1872
  2. Howell v. . the City of BuffaloNew York Court of Appeals · 1867
  3. City of Emporia v. NortonSupreme Court of Kansas · 1874

3Cited by9 opinions

  1. Steele County v. ErskineCourt of Appeals for the Eighth Circuit · 1899
  2. State ex rel. Miller v. Common School District No. 87Supreme Court of Kansas · 1947
  3. Erskine v. Steele CountyU.S. Circuit Court for the District of North Dakota · 1898
  4. City of Kansas City v. SilverSupreme Court of Kansas · 1906
  5. Wilcox v. MinerSupreme Court of Iowa · 1925

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