Board of Commissioners v. Abbott
Supreme Court of Kansas
Error from Wyandotte Gourt of Common Pleas. This action was originally brought by Daniel Abbott, under § 253 of the code, against the Board of County Commissioners and others, to enjoin the collection of certain taxes levied by special assessments upon Abbott’s farm, under the provisions of chapter 214 of the Laws of 1887, entitled “An act providing for the improvement of county roads.”
Read the full summary
Error from Wyandotte Gourt of Common Pleas. This action was originally brought by Daniel Abbott, under § 253 of the code, against the Board of County Commissioners and others, to enjoin the collection of certain taxes levied by special assessments upon Abbott’s farm, under the provisions of chapter 214 of the Laws of 1887, entitled “An act providing for the improvement of county roads.” On March 16, 1891, this case was transferred from the district court of Wyandotte county to the court of common pleas of that county. On July 15, 1892, a stipulation was filed in the case wherein it was…
1Opinion of the Court
The opinion of the court was delivered by
HortoN, C. J.:
The only question presented is, whether chapter 214, Laws of 1887, is constitutional. The court below held the act to be unconstitutional. We appreciate the well-settled doctrine of this court, as, also, of the supreme courts of nearly all the states, that no statute should be declared unconstitutional unless the infringement of the superior law is clear, beyond substantial doubt. (The State, ex rel., v. Robinson, 1 Kas. 17; Comm’rs of Leavenworth Co. v. Miller, 7 id. 479; The State, ex rel., v. Hunter, 38 id. 578; Ogden v. Saunders, 12…
2Cases cited13 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Auditor of State v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1870
- People v. ParksCalifornia Supreme Court · 1881
- Prouty v. StoverSupreme Court of Kansas · 1873
- Thompson v. . SchermerhornNew York Court of Appeals · 1851
8 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- State ex rel. Donaldson v. HinesSupreme Court of Kansas · 1947
- Mobil Oil Corporation v. McHenrySupreme Court of Kansas · 1968
- State Ex Rel. Tomasic v. UNIFIED GOV. OF WYANDOTTE COUNTY/KANSAS CITYSupreme Court of Kansas · 1998
- Hunt v. EddySupreme Court of Kansas · 1939
- Hilburn v. Enerpipe Ltd.Supreme Court of Kansas · 2019
45 more not listed; retrieve them via the Exa API.