Legal Opinion

National Bank v. Barber

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 11 opinions

Error from Douglas District Court. Action brought by the National Banlc, of Lawrence, against Barber, as treasurer of Douglas county, and the Township of Eudora, in said county.

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Error from Douglas District Court. Action brought by the National Banlc, of Lawrence, against Barber, as treasurer of Douglas county, and the Township of Eudora, in said county. The petition, among other matters, alleges that— “Under and by virtue of ch. 90, Laws of 1870, the township of Eudora did, on the 1st day of May, 1872, make and cause to be issued in the name of said township, $15,000 of its bonds, to pay for the like amount of the capital stock of the St, Louis, Lawrence & Denver railroad company, to aid in building the railroad of said railroad company through said township; said…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The sole question presented to the court for its decision in this case is, the validity of § 7 of ch. 90 of the Laws of 1870. The section reads as follows:

“ If any county or township tax shall be assessed and col*544lected from any railroad which may have been built in whole or in part in any township which may have subscribed stock as provided in the foregoing sections, all such county and ’ township tax arising from said railroads within said township, shall be set apart and held by the treasurer for the benefit of ■such township, and…

2Cases cited4 opinions

  1. Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
  2. Francis v. A. T. & S. F. RailroadSupreme Court of Kansas · 1877
  3. State ex rel. Reed v. Commissioners of Marion CountySupreme Court of Arkansas · 1879
  4. A. T. & S. F. Railroad v. WoodcockSupreme Court of Kansas · 1877

3Cited by11 opinions

  1. White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
  2. Wheeler v. WeightmanSupreme Court of Kansas · 1915
  3. City of Newport v. McLaneCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Northup v. HoytOregon Supreme Court · 1897
  5. Smith v. HaneySupreme Court of Kansas · 1906

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