Legal Opinion

St. Mary's College v. Crowl

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 36 opinions

Error from Pottawatomie District Court. Injunction, brought by St. Mary's College against the treasurer of Pottawatomie county to restrain the collection -of alleged illegal taxes.

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Error from Pottawatomie District Court. Injunction, brought by St. Mary's College against the treasurer of Pottawatomie county to restrain the collection -of alleged illegal taxes. The petition alleges that plaintiff ■ is a corporation, “ organized for purposes wholly educational in their nature; that during the year 1870 said plaintiff was • engaged in the conduct and control of an educational institution” by the name of St. Mary’s College, “and the sole and only purpose and design of the plaintiff was the management of the said institution for the purposes of education, and none other,”…

1Opinion of the Court

The opinion of the court was delivered by

~Sf alentine, J.:

This action was brought to restrain the collection of certain taxes, claimed to be illegal and void because levied upon property claimed to be used for educational purposes. The action was tried in the court below on an agreed statement of facts. This statement shows that the property was used more or less mediately or remotely for educational purposes. But none of it was used exclusively, directly, and immediately for such purposes. Under the laws *449of this state all property not expressly exempted is subjected to taxation. (Gen. Stat.,…

2Cases cited1 opinion

  1. Washburn College v. Comm'rs of Shawnee Co.Supreme Court of Kansas · 1871

3Cited by36 opinions

  1. State ex rel. Spillers v. JohnstonSupreme Court of Missouri · 1908
  2. Trustees of the United Methodist Church v. CogswellSupreme Court of Kansas · 1970
  3. Gymnastic Ass'n of the South Side of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1906
  4. Mason v. ZimmermanSupreme Court of Kansas · 1910
  5. Nuns of the Third Order v. YounkinSupreme Court of Kansas · 1925

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