Atchison, Topeka & Santa Fé Railroad v. Wilhelm
Supreme Court of Kansas
TJrrorfrom Jefferson District Court. ACTION by The Atchison, Topeka & Santa Fé, Railroad Company against Levi Wilhelm, as treasurer, and George Davis, as sheriff of Jefferson county, to restrain the collection of certain taxes. Upon the filing of the petition, a temporary injunction was allowed by the district judge of Jefferson county.
Read the full summary
TJrrorfrom Jefferson District Court. ACTION by The Atchison, Topeka & Santa Fé, Railroad Company against Levi Wilhelm, as treasurer, and George Davis, as sheriff of Jefferson county, to restrain the collection of certain taxes. Upon the filing of the petition, a temporary injunction was allowed by the district judge of Jefferson county. On June 24, 1884, the plaintiff filed the following amended petition (omitting court and title): “ Plaintiff complains of the said defendants, and for its cause of action says, that it is a corporation duly organized and existing under and by virtue of the…
1Opinion of the Court
The opinion of the court was delivered by
HoutoN, C. J.:
It is urged by the defendants that there is .a defect of parties defendant in the petition as to the school-district taxes, and therefore that this court cannot pass upon the legality of those taxes. This view is correct. The parties ■defendant are under no legal obligation to defend the school districts. As the districts are directly interested in the collection of those taxes, the officers thereof should have been made parties defendant. (The State v. Anderson, 5 Kas. 90; Carpenter v. Hindman, 32 id. 601; Gilmore v. Fox, 10 id. 509-512;…
2Cases cited3 opinions
- State v. AndersonSupreme Court of Kansas · 1869
- Board of Commissioners of Osborne County v. BlakeSupreme Court of Kansas · 1881
- Bartlett v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1884
3Cited by11 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. City of HumboldtSupreme Court of Kansas · 1912
- School District No. Four v. SmithMissouri Court of Appeals · 1901
- Howard v. LukeArizona Supreme Court · 1917
- Yount v. HooverSupreme Court of Kansas · 1915
- School District No. 24 v. NeafSupreme Court of Missouri · 1941
6 more not listed; retrieve them via the Exa API.