Fort Scott Public Utilities Co. v. Armour

The opinion of the court was delivered by

MARSHALL, J.:

In this action the plaintiff seeks to enj din the defendants from selling property levied on by the sheriff under a tax warrant issued by the county treasurer to collect a tax levied by the city of Fort Scott to pay for paving that portion of certain streets in the city between street-car rails and eighteen inches on each side of the street-car track. Judgment was rendered in favor of the defendants, and the plaintiff appeals.

The city of Fort Scott granted to the Fort Scott Gas & Electric Company, its successors and assigns, a franchise to…