Olmstead v. Koester
Supreme Court of Kansas
Error from Marshall District Court. On the 6th of December 1873, Olmstead, “who sues as well for the other taxpayers of Blue .Rapids City township as for himself,” applied to the-Judge of the district court for a temporary injunction against Charles E. Koester, as treasurer of Marshall county, to restrain him as such treasurer from collecting a certain tax levied upon the real property of the plaintiff and other citizens of Blue Rapids City township.
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Error from Marshall District Court. On the 6th of December 1873, Olmstead, “who sues as well for the other taxpayers of Blue .Rapids City township as for himself,” applied to the-Judge of the district court for a temporary injunction against Charles E. Koester, as treasurer of Marshall county, to restrain him as such treasurer from collecting a certain tax levied upon the real property of the plaintiff and other citizens of Blue Rapids City township. The application was' made and heard upon plaintiff’s verified petition, and the injunction was refused. Olmstead appeals, and brings the case…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to restrain the collection of a tax of seven mills levied to pay certain bonds. An application for a temporary restraining order was refused, and this ruling is the alleged error. It does not appear that any evidence other than the verified petition was presented upon such applieation, though so far as anything in the record is to the contrary there may have been abundance of contradictory testimony. Upon this verified petition ought a temporary restraining order to have been made? The only allegation bearing upon the…
2Cited by15 opinions
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