Beach v. Shoenmaker
Supreme Court of Kansas
Error from, Neosho District Court. John Shoenmaker, Trustee for the Society sustaining the Catholic Mission, as plaintiff, prosecuted to final judgment an action against Beach, as treasurer of Neosho county. The character of the judgment or decree entered in such action, and the subsequent proceedings regarding the same, will fully appear from the opinion, infra. The motion to vacate such decree was overruled at the April Term 1875 of the district court.
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Error from, Neosho District Court. John Shoenmaker, Trustee for the Society sustaining the Catholic Mission, as plaintiff, prosecuted to final judgment an action against Beach, as treasurer of Neosho county. The character of the judgment or decree entered in such action, and the subsequent proceedings regarding the same, will fully appear from the opinion, infra. The motion to vacate such decree was overruled at the April Term 1875 of the district court. The Board of Commissioners, and Chas. Coffin, the successor of Beadh as treasurer, appeal, and bring the record here for review.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In July 1871 the defendant obtained a perpetual injunction enjoining the plaintiff in error, as treasurer of Neosho county, and his successors in office, from selling certain lands belonging to said defendant in error for the taxes of 1868, or any taxes that might thereafter be assessed by the authority of the state, or any municipal corporation. No exception was taken to this judgment, and no proceedings had to reverse it. More than three years thereafter, the plaintiff in error, his successor in office, and the county commissioners, filed…
2Cited by4 opinions
- Gille v. EmmonsSupreme Court of Kansas · 1897
- Anglea v. McMasterSupreme Court of Oklahoma · 1906
- Shriver v. Board of County CommissionersSupreme Court of Kansas · 1962
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882