Hale v. Bischoff
Supreme Court of Kansas
Original Proceeding in Quo Warranto. At a regular meeting on the 5th day of February, 1894, the mayor and council of the city of Topeka appointed Geo. I). Hale city assessor. He thereafter qualified. On February 6, 1893, the mayor and council had appointed Oscar Bisehoff city assessor, who qualified, and entered at once upon the discharge of the duties of his office.
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Original Proceeding in Quo Warranto. At a regular meeting on the 5th day of February, 1894, the mayor and council of the city of Topeka appointed Geo. I). Hale city assessor. He thereafter qualified. On February 6, 1893, the mayor and council had appointed Oscar Bisehoff city assessor, who qualified, and entered at once upon the discharge of the duties of his office. This action was commenced in this court on the 3d of March, 1894, by Hale against Bisehoff, to oust the latter from office. The city of Topeka is a city of the first class, having a population of over 30,000. The legislature of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Section 40, chapter 34, Laws of 1876, providing “.for the assessment and collection of taxes,” reads:
“ The mayor and common council of all cities of the first and second class shall, at their first regular meeting in Feb*304ruary of each year, appoint an assessor, whose duties and powers shall be the same as prescribed by law for township assessors.”
The act “to incorporate and regulate cities of the first class, and to repeal all prior acts relating thereto,” which took effect March 6, 1881, authorized the mayor, by and with the consent of…
2Cases cited4 opinions
- Stadler v. City of DetroitMichigan Supreme Court · 1865
- State ex rel. Withers v. StonestreetSupreme Court of Missouri · 1889
- McCahon v. Comm'rs of Leavenworth Co.Supreme Court of Kansas · 1871
- People ex rel. Laine v. TyrrellCalifornia Supreme Court · 1891
3Cited by15 opinions
- Ridout v. StateTennessee Supreme Court · 1930
- Barrett v. DuffSupreme Court of Kansas · 1923
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- State ex inf. Hadley v. CorcoranSupreme Court of Missouri · 1907
- Newman v. Borough of Fair LawnSupreme Court of New Jersey · 1960
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