Legal Opinion

Mo. Riv., Ft. Scott & Gulf R. R. v. Wheaton

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 7 opinions

Mrror from Bourbon District Court. The Missouri Biver, Fort Scott ¿f Gulf Bailroad Company as plaintiffs commenced an action in the district court of Bourbon county to restrain the defendant, G. S. Wheaton, who is sheriff of said county, from collecting certain taxes claimed to be illegal.

Read the full summary

Mrror from Bourbon District Court. The Missouri Biver, Fort Scott ¿f Gulf Bailroad Company as plaintiffs commenced an action in the district court of Bourbon county to restrain the defendant, G. S. Wheaton, who is sheriff of said county, from collecting certain taxes claimed to be illegal. A motion was made in said case before the judge of said court, at chambers, for a temporary injunction- to restrain the collection of said taxes until the case could be finally heard in court. The judge overruled said motion, and this ruling the plaintiffs assign for error. The taxes were assessed against…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The petition below, and the evidence used on the hearing of the motion for a temporary injunction show, or tend to show, that the taxing officers of Bourbon county assessed a tax against the “Western Union Telegraph Company,” on a certain telegraph line running through said county, which did not in fact belong to the said Telegraph Company, but did belong to the plaintiffs; that a warrant was issued by the treasurer of said county against the goods and chattels of the said Telegraph Company, and that the said defendant, as sheriff' of…

2Cited by7 opinions

  1. Poirier v. FetterSupreme Court of Kansas · 1878
  2. Council Grove Township v. BowmanSupreme Court of Kansas · 1907
  3. Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
  4. Sword v. AllenSupreme Court of Kansas · 1881
  5. Harden v. MetzCourt of Appeals of Kansas · 1899

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API