Gilmore v. Norton
Supreme Court of Kansas
Error from Lyon District Cow't. The action below was brought by H. E. Norton, Van R. Holmes, O. Y. Hart, F. J. Comstock, Alexander Bailey, George Kraft, Anna J. Carpenter, George Dowdell, Hezrow A. Johnson, Edward Borton, Margaret M. Wright, R. M. Ruggles, and P. B. Plumb, as plaintiffs, against David S. Gilmore, as county clerk, and Noyes Spicer, as county treasurer of Lyon county.
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Error from Lyon District Cow't. The action below was brought by H. E. Norton, Van R. Holmes, O. Y. Hart, F. J. Comstock, Alexander Bailey, George Kraft, Anna J. Carpenter, George Dowdell, Hezrow A. Johnson, Edward Borton, Margaret M. Wright, R. M. Ruggles, and P. B. Plumb, as plaintiffs, against David S. Gilmore, as county clerk, and Noyes Spicer, as county treasurer of Lyon county. The object of the action was to perpetually enjoin the collection of certain taxes or assessments levied on lots belonging to the plaintiffs to pay the cost of curbing, guttering, and macadamizing the street in…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
i. Motion to deflnite?tltl0n On the 11th of October 1871 the,plaintiffs in the court below (defendants here,) filed their petition against the plaintiffs in error alleging that they were the owners, each in severalty, of certain real property upon Commercial street in the city of Emporia, a city of the second class; that the city had no funds; that divers persons had done macadamizing, curbing, and guttering on said Commercial street, and abutting upon plaintiffs’ lots, “ without any contract or authority of law whatever, to do the same,”…
2Cases cited9 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
- Bucklin v. StateOhio Supreme Court · 1851
- Draper v. ShootSupreme Court of Missouri · 1857
- Darling v. RodgersSupreme Court of Kansas · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State Ex Rel. v. Board of County Com'rsSupreme Court of Oklahoma · 1940
- Gilmore v. HentigSupreme Court of Kansas · 1885
- Cockrell v. SchmittSupreme Court of Oklahoma · 1908
- Palmer v. WaddellSupreme Court of Kansas · 1879
- Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
38 more not listed; retrieve them via the Exa API.