Atchison, Topeka & Santa Fé Railroad v. Wilson
Supreme Court of Kansas
Error from Hodgeman District Cowrt. ActioN brought by The Atchison, Topelca & Santa Fé Fail-road Company against C. E. Wilson, county treasurer of Hodge-man county, and School District No. 19, of that county, to restrain the collection of certain taxes levied for school purposes, and which are alleged to be illegal.
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Error from Hodgeman District Cowrt. ActioN brought by The Atchison, Topelca & Santa Fé Fail-road Company against C. E. Wilson, county treasurer of Hodge-man county, and School District No. 19, of that county, to restrain the collection of certain taxes levied for school purposes, and which are alleged to be illegal. The plaintiff in its petition averred: “That it is a corporation duly organized and existing under and by virtue of the laws of the state of Kansas; and for cause of action against the defendant, says: “That the defendant, C. E. Wilson, is the duly qualified and acting treasurer…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
The plaintiff by this proceeding seeks to enjoin the collection of certain taxes levied for school purposes by School District No. 19, Hodgeman county, upon the lands of the plaintiff, situate within that district. This is the declared purpose of the proceeding, but if it can be maintained, it goes much farther, and is more serious and important than to merely defeat the collection of the taxes charged against plaintiff’s land. The objection to the tax is not that the rate is excessive or unequal, nor that the purpose for which it was…
2Cases cited2 opinions
- Stockle v. SilsbeeMichigan Supreme Court · 1879
- Voss v. Union School District No. 11Supreme Court of Kansas · 1877
3Cited by24 opinions
- City of Topeka v. DwyerSupreme Court of Kansas · 1904
- Schulenberg v. City of ReadingSupreme Court of Kansas · 1966
- Evens v. AndersonSupreme Court of Minnesota · 1916
- Smith v. City of EmporiaSupreme Court of Kansas · 1949
- Kuhn v. City of Port TownsendWashington Supreme Court · 1895
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