Shane v. City of Hutchinson

The opinion of the court was delivered by

Mason, J.:

An action was brought to restrain the enforcement of an ordinance for the collection of a poll tax for road purposes. A demurrer to the petition was sustained and the plaintiffs appeal. The only question involved is whether the statute as it now exists authorizes a city of the first class to enforce the collection of such a tax. To decide this requires a review of the legislation on the subject. A provision of the General Statutes of 1868, which has never been expressly repealed, required each township to be divided by the' trustee into road…