Legal Opinion

River v. Morris

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 5 opinions

Error from Bourbon District Court. Injunction brought by the Railroad Company, to restrain the collection of alleged illegal taxes. The facts are fully stated in the opinion, infra. The district court, (E.M.H., judge- pro tern., presiding,) at the December Term 1871, re•fused the perpetual injunction prayed for, and gave judgment against the Railroad Company for costs.

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Error from Bourbon District Court. Injunction brought by the Railroad Company, to restrain the collection of alleged illegal taxes. The facts are fully stated in the opinion, infra. The district court, (E.M.H., judge- pro tern., presiding,) at the December Term 1871, re•fused the perpetual injunction prayed for, and gave judgment against the Railroad Company for costs. Said company brings the caáe here on error. 1. The decision of the supreme court of the United States in the case of The Kansas Indians, 5 Wallace, 737, being decisive of the question of exemption from taxation of all lands…

1Opinion of the Court

The opinion of the court was delivered by

Bkewer, J.:

The plaintiff in error filed its petition in the district court of Bourbon county against the defendant in error to enjoin the collection of a tax levied in the year 1870, against certain real estate of the plaintiff, and containing two causes of action. The first is to enjoin a tax, amounting to about $10,000, levied against that portion of the “Cherokee Neutral Lands” lying in Bourbon county, and to which the plaintiff acquired title by patent from the United States bearing date November 2d, 1870. The petition alleges, that, at the time of…

2Cases cited3 opinions

  1. The Kansas IndiansSupreme Court of the United States · 1867
  2. The New York IndiansSupreme Court of the United States · 1867
  3. Kansas Pacific Railway Co. v. CulpSupreme Court of Kansas · 1872

3Cited by5 opinions

  1. Comm'rs of Saline County v. YoungSupreme Court of Kansas · 1877
  2. Flanagan v. ForsytheSupreme Court of Oklahoma · 1897
  3. Wisconsin Central Railroad v. Price CountyWisconsin Supreme Court · 1885
  4. Brown v. SteeleSupreme Court of Kansas · 1880
  5. Leonard v. RossSupreme Court of Kansas · 1880

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