Marion & McPherson Railway Co. v. Alexander

The opinion of the court was delivered by

Cunningham, J.:

The plaintiff in error in this action seeks to enjoin the collection of all taxes levied for school purposes in school district No. 79, Marion county, Kansas, in excess of two per cent, on the taxable property owned by it in said district.

A “graded-school district No. 79” had been organized, identical in boundaries and inhabitants with school district No. 79, such organization being authorized by’ sections 6242 — 6251 of the General Statutes of 1901, -which provide generally for the organization of union or graded schools. It is…