Koester v. Board of Commissioners

Opinion by

Strang, C.:

Action of injunction commenced in the district court of Atchison county, August 5, 1889, to *142restrain the board of county commissioners of said county from levying a tax for the erection and maintenance of the county high school at Effingham, in said county, and to restrain the county clerk of said county from placing such tax upon the tax-rolls of the county. Separate answers were filed by the defendants, and separate replies thereto. Afterward, on the 23d day of September, the defendants filed a joint motion to set aside the temporary injunction, and the same was heard…