City of Atchison v. Bartholow
Supreme Court of Kansas
Error from Atchison County. The city of Atchison was organized as a corporation under a special act of the territorial legislature. After the adoption of the constitution of the state, Jan. 25th, 1866 {L. ’66, p>. 120), the city charter was amended, among other things, in respect to the mode of collecting assessments for improving streets, as to change the rate and proportionate bearing upon the property. An injunction was granted by the court below.
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Error from Atchison County. The city of Atchison was organized as a corporation under a special act of the territorial legislature. After the adoption of the constitution of the state, Jan. 25th, 1866 {L. ’66, p>. 120), the city charter was amended, among other things, in respect to the mode of collecting assessments for improving streets, as to change the rate and proportionate bearing upon the property. An injunction was granted by the court below. To reverse this decision was the object of this action. Other facts, relating to the verification of the petition, appear in the subjoined…
1Opinion of the Court
By the Court,
Crozier, C. J.
The action in the court below was instituted for the purpose of perpetually enjoining the collection of a tax of four and one-half per centum upon all the taxable .property, real and personal, in the city of Atchison, levied for the purpose of paying for certain improvements which had been made, and were then in progress therein. Application was made to the judge of the district court in vacation for a temporary injunction, upon the hearing of which the only testimony adduced was the petition. The defendants objected to the reading of that paper as evidence, on the…
2Cited by58 opinions
- State v. PetersonWyoming Supreme Court · 1920
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Beach v. LeahySupreme Court of Kansas · 1873
- Strosser v. City of Fort WayneIndiana Supreme Court · 1885
- Gilmore v. NortonSupreme Court of Kansas · 1872
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