Legal Opinion

Braden v. Union Trust Co. of New York

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 2 opinions

Error from Oraioford District Court. INJUNCTION, brought by the Union Trust Company of New York, as trustee of the M. K. & T. Rly. Co., against Braden, as sheriff of Crawford county, to restrain the collection of a certain tax. At the January Term, 1879, of the district court, a temporary injunction restraining the collection of the tax, which had been issued, was made perpetual, and costs were adjudged against the defendant, who brings the case here.

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Error from Oraioford District Court. INJUNCTION, brought by the Union Trust Company of New York, as trustee of the M. K. & T. Rly. Co., against Braden, as sheriff of Crawford county, to restrain the collection of a certain tax. At the January Term, 1879, of the district court, a temporary injunction restraining the collection of the tax, which had been issued, was made perpetual, and costs were adjudged against the defendant, who brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

YaleNTINE, J.:

This was an action brought by the Union Trust company of New York, trustee of the Missouri, Kansas & Texas railway company, against W. H. Braden, as sheriff of Crawford county, Kansas, to perpetually enjoin the collection of a certain tax, claimed by the plaintiff to be illegal. The court below decided in favor of the plaintiff, and rendered judgment accordingly; and the defendant now, as plaintiff in error, brings the case to this court.

The facts of the case are substantially as follows: In 1877, the plaintiff below was liable to pay all…

2Cited by2 opinions

  1. Chicago, Burlington & Quincy Railroad v. Board of CommissionersSupreme Court of Kansas · 1895
  2. Atchison, Topeka & Santa Fe Railway Co. v. Board of County CommissionersSupreme Court of Kansas · 1907

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