Craft v. Com'rs Jackson Co.
Supreme Court of Kansas
Krror from Jackson County. The facts of the case are stated in. the opinion of the court. The statute provides that a tax payer may enjoin the illegal levy of any tax [see § 253, Gen. Stat., 677] and as it further provides that money illegally allowed by any board of county commissioners may be recovered back at the suit of any person, under section 39, {p. 262,] and as the said Lane is shown to be irresponsible, it is but a reasonable presumption that there must be some…
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Krror from Jackson County. The facts of the case are stated in. the opinion of the court. The statute provides that a tax payer may enjoin the illegal levy of any tax [see § 253, Gen. Stat., 677] and as it further provides that money illegally allowed by any board of county commissioners may be recovered back at the suit of any person, under section 39, {p. 262,] and as the said Lane is shown to be irresponsible, it is but a reasonable presumption that there must be some remedy than a suit against the party to whom the warrants or orders are issued. If there is a remedy it seems to ns that it…
1Opinion of the Court
By the Court,
Kingman, C. J.
The plaintiff in error obtained an injunction restraining the defendants from issuing two county warrants to one Lane, on the alleged ground of illegality in the claims of Lane. The judge of the district court discharged the injunction, which decision the plaintiff in error brings to this court for review.
The only question raised by the briefs, and the only one we shall consider, is whether the plaintiff in error has shown such an interest in the subject matter of the suit as will entitle him to claim the interposition of the equitable powers of the court in this…
2Cases cited1 opinion
- Rice v. SmithSupreme Court of Iowa · 1859
3Cited by51 opinions
- Bobbett v. StateSupreme Court of Kansas · 1872
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
- Duggan v. City of EmporiaSupreme Court of Kansas · 1911
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