State ex rel. Cherokee-Lanyon Spelter Co. v. Shufford
Supreme Court of Kansas
Error from Allen district court; Oscar Foust, judge. STATEMENT. This is an action in quo warranto to cancel the charter of the city of Gas, in Allen county, and to enjoin the collection of taxes levied upon real estate situated within the limits of that city. A demurrer was sustained to the petition, and, the plaintiff electing to stand upon its pleading, the case was dismissed at the cost of the plaintiff, and it brings the' case here.
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Error from Allen district court; Oscar Foust, judge. STATEMENT. This is an action in quo warranto to cancel the charter of the city of Gas, in Allen county, and to enjoin the collection of taxes levied upon real estate situated within the limits of that city. A demurrer was sustained to the petition, and, the plaintiff electing to stand upon its pleading, the case was dismissed at the cost of the plaintiff, and it brings the' case here. Facts sufficient to show the controversy, briefly stated, are that in 1901 steps were taken which resulted in an order of the board of county commissioners…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Who the party plaintiff is in this case does not seem clear. The name “The State of Kansas” appears in the title of the action, but it seems to have been used by the Cherokee-Lanyon Spelter Company for the purpose of setting aside an illegal tax which had been levied against its property. The petition contains two causes of action — one in quo warranto, and another for injunction; but they are each used as a means to the same end. The action does not appear to have been prosecuted for the purpose of disorganizing the municipality of the city…
2Cases cited10 opinions
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- City of Topeka v. DwyerSupreme Court of Kansas · 1904
- Miller v. Town of PalermoSupreme Court of Kansas · 1873
- Atchison, Topeka & Santa Fé Railroad v. WilsonSupreme Court of Kansas · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jackson v. FreemanSupreme Court of Oklahoma · 1995
- Cheek v. EyeSupreme Court of Oklahoma · 1923
- Albach v. Fraternal Aid UnionSupreme Court of Kansas · 1917
- Beeler & Campbell Supply Co. v. WarrenSupreme Court of Kansas · 1939
- State ex rel. Lester v. BakerSupreme Court of Kansas · 1943
7 more not listed; retrieve them via the Exa API.