Legal Opinion

Atchison & Nebraska Railroad v. Maquilkin

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 5 opinions

Error from Doniphan District Cou/rt. The plaintiff in error paid all the taxes assessed on the line of its railroad in Doniphan county, for the year 1872, except a city tax assessed by the city of Troy, and a school-district tax assessed by school district No. 21; and commenced this action against S. Maquillan as sheriff, Robert Tracy as treasurer, Chas.

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Error from Doniphan District Cou/rt. The plaintiff in error paid all the taxes assessed on the line of its railroad in Doniphan county, for the year 1872, except a city tax assessed by the city of Troy, and a school-district tax assessed by school district No. 21; and commenced this action against S. Maquillan as sheriff, Robert Tracy as treasurer, Chas. Rappelye as cohnty clerk, the Boa/rd of County Commissioners of said county, the City of Troy, and School District No. 21, to restrain the threatened collection of said unpaid taxes. A temporary injunction was applied for, and was refused by…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action to obtain an injuncr tion to restrain the collection of certain taxes levied upon the plaintiff’s property for the year 1872. These taxes were, •first, a city tax levied upon the plaintiff’s property by the city of Troy, Doniphan county; second, a school-district tax levied upon the plaintiff’s property by school district No. 21 of Doniphan county. The plaintiff applied to the judge of the district court at chambers for a temporary injunction to restrain the collection of said taxes until the action could be heard upon…

2Cases cited2 opinions

  1. Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
  2. Board of County Commissioners v. CarterSupreme Court of Kansas · 1863

3Cited by5 opinions

  1. Strosser v. City of Fort WayneIndiana Supreme Court · 1885
  2. State ex rel. Jackson v. PauleySupreme Court of Kansas · 1910
  3. Stewart v. AdamsSupreme Court of Kansas · 1893
  4. State ex rel. Dawson v. City of HarperSupreme Court of Kansas · 1915
  5. A. T. & S. F. Railroad v. WoodcockSupreme Court of Kansas · 1877

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