School District No. 127 v. School District No. 45
Supreme Court of Kansas
Error from Reno district court; Peter J. Galle, judge. STATEMENT. This action was commenced by school district No. 45 against school district No. 127. The petition alleged, in substance, that the two districts adjoin in Reno county; that on or about July 13, 1907, the county superintendent of schools by regular proceedings attached a strip of land to school district No. 45 which theretofore had constituted a part of school district No. 127, and made a proper record of such…
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Error from Reno district court; Peter J. Galle, judge. STATEMENT. This action was commenced by school district No. 45 against school district No. 127. The petition alleged, in substance, that the two districts adjoin in Reno county; that on or about July 13, 1907, the county superintendent of schools by regular proceedings attached a strip of land to school district No. 45 which theretofore had constituted a part of school district No. 127, and made a proper record of such change and duly recorded a proper map thereof in his office, no appeal being taken from such proceeding; that at the…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The facts recited in the statement leave no question of the want of jurisdiction in' school district No. 127 to levy any tax against the land or property detached therefrom and attached to school district No. 45. It is equally apparent that school district No. 127 did not make or attempt to make any levy of any tax on the property for the year in question. It also appears from the petition that school district No. 45 did legally levy a tax on the property, though at a higher rate than was extended on the tax-rolls and collected by the county…
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