Legal Opinion

Summunduwot Lodge No. 3 v. Spaeth

Supreme Court of Kansas

Decided February 12, 1910No. 16,524PublishedCited by 8 opinions

Appeal from Wyandotte district court; Edward L. Fischer, judge. STATEMENT. This action was commenced in the district court of Wyandotte county by the Odd Fellows’ lodge to enjoin the county officers from collecting the taxes assessed against the property described in the petition, on the ground that the property was exempt from taxation by the provisions of section 2 of chapter 408 of the Laws of 1907. The case was tried upon an agreed statement of facts, which contains, in…

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Appeal from Wyandotte district court; Edward L. Fischer, judge. STATEMENT. This action was commenced in the district court of Wyandotte county by the Odd Fellows’ lodge to enjoin the county officers from collecting the taxes assessed against the property described in the petition, on the ground that the property was exempt from taxation by the provisions of section 2 of chapter 408 of the Laws of 1907. The case was tried upon an agreed statement of facts, which contains, in addition to the facts of ownership, occupation, etc., of the property assessed, the constitution and laws of the…

1Per curiam

Under the evidence in this case and the definition of “benevolent and charitable” given in Mason v. Uimmerman, ante, p. 799, the plaintiff is not a benevolent and charitable corporation, and its property in question is not exempt from taxation under the provisions of section 2 of chapter 408 of the Laws of 1907.

Also, it appears from the agreed statement of facts in the case that the rent derived from the leased portion of the building in question is kept for “carrying on its work and benevolences and charities, . . . and in paying the necessary expense incident to carrying on the relief work…

2Cited by8 opinions

  1. Bistline v. BassettIdaho Supreme Court · 1928
  2. Temple Lodge No. 6, A.F. A.M. v. TierneyNew Mexico Supreme Court · 1933
  3. Nuns of the Third Order v. YounkinSupreme Court of Kansas · 1925
  4. McMillen v. Summunduwot Lodge No. 3Supreme Court of Kansas · 1936
  5. Robinson v. HammelSupreme Court of Kansas · 1942

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