Sleeper v. Bullen & Dustin
Supreme Court of Kansas
Drror from Leavenworth, District Court. Action to restrain the collection of a special tax assessed to pay for making certain local improvements on Fifth Avenue in the city of Leavenworth. It was commenced by Hiram S. Sleeper and others, as plaintiffs, against the City of Leavenworth, and John Hosick, as City Treasurer. Subsequently to the filing of plaintiffs’ petition, Gr.
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Drror from Leavenworth, District Court. Action to restrain the collection of a special tax assessed to pay for making certain local improvements on Fifth Avenue in the city of Leavenworth. It was commenced by Hiram S. Sleeper and others, as plaintiffs, against the City of Leavenworth, and John Hosick, as City Treasurer. Subsequently to the filing of plaintiffs’ petition, Gr. A. Bullen and, C. Dustin, the contractors who made the improvements, on their motion, were made parties defendant, they claiming to have an interest in the cause. The plaintiffs alleged that there had not been any legal…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On the 29th of May, 1867, a contract was made between the city of Leavenworth and George B. Case for the grading of a certain street in said city. Case assigned his contract to Bullen and Dustin. The ■grading was done according to contract, and the city assessed a special tax on' the lots adjacent to said street, and was about to sell said lots to pay said special tax, when the plaintiff Sleeper, with several others, petitioned the court below for an injunction to restrain said sale. On the final hearing of the case the court below…
2Cases cited1 opinion
- Swift v. City of WilliamsburghNew York Supreme Court · 1857
3Cited by38 opinions
- Ricketts v. SprakerIndiana Supreme Court · 1881
- Wilson v. FullerSupreme Court of Kansas · 1872
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- City of Lawrence v. KillamSupreme Court of Kansas · 1873
- Anderson v. ShannonSupreme Court of Kansas · 1937
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