Legal Opinion

Fort Leavenworth Railroad v. Lowe

Supreme Court of the United States

Decided May 4, 1885No. 243PublishedCited by 374 opinions

IN ERROR TO THE SUPREME COURT OE THE STATE OP KANSAS. This was a suit at law brought by the plaintiff in error as plaintiff below in a District Court of the State of Kansas to recover taxes imposed upon it and paid, on its property within the Fort Leavenworth Military Reservation. The defendant, sheriff' of the County of Leavenworth, demurred to the complaint.

Read the full summary

IN ERROR TO THE SUPREME COURT OE THE STATE OP KANSAS. This was a suit at law brought by the plaintiff in error as plaintiff below in a District Court of the State of Kansas to recover taxes imposed upon it and paid, on its property within the Fort Leavenworth Military Reservation. The defendant, sheriff' of the County of Leavenworth, demurred to the complaint. The demurrer was sustained by the District Court, and the judgment thereon was affirmed by the Supreme Court of the State. This writ of error was brought to review that judgment. The facts which raise the federal question are stated in…

1Opinion of the Court

Mt?.. Justice Field

delivered the opinion of the court.

The plaintiff, a corporation organized under the laws of Nansas, was in 1880, and has ever since been, the owner of a railroad in the reservation of the United States in that State, known as the Fort Leavenworth Military Reservation. In that year its track, right of way, franchises, road-bed, telegraph line land instruments connected therewith on the Reservation, were assessed by the board of assessors of the State, and a tax of $394.40 levied thereon, which was paid by the railroad company under protest, in order to prevent a sale of the…

2Cases cited5 opinions

  1. Kohl v. United StatesSupreme Court of the United States · 1876
  2. United States v. JonesSupreme Court of the United States · 1883
  3. People v. GodfreyNew York Supreme Court · 1819
  4. In Re the United States for the Appointment of CommissionersNew York Court of Appeals · 1884
  5. Ford v. ThompsonCourt of Appeals of Kentucky · 1859

3Cited by374 opinions

  1. James v. Dravo Contracting Co.Supreme Court of the United States · 1937
  2. Nevada v. HicksSupreme Court of the United States · 2001
  3. Kleppe v. New MexicoSupreme Court of the United States · 1976
  4. Paul v. United StatesSupreme Court of the United States · 1963
  5. Van Brocklin v. TennesseeSupreme Court of the United States · 1886

369 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API