Legal Opinion

Bartlett v. Atchison, Topeka & Santa Fé Railroad

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 6 opinions

Error from Edwards District Court. Action commenced October 8, 1883, in the district court of Edwards county, by The Atchison, Topeka & Santa Fé Railroad Company against E. Bartlett, as treasurer of Edwards county.

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Error from Edwards District Court. Action commenced October 8, 1883, in the district court of Edwards county, by The Atchison, Topeka & Santa Fé Railroad Company against E. Bartlett, as treasurer of Edwards county. The petition alleged: “That it is a corporation duly organized and doing business under and by virtue of the laws of the territory and state of Kansas, and that said defendant is the duly elected, qualified and acting treasurer of the said Edwards county, Kansas; that plaintiff is now, and for two years last past has been, the owner of certain personal property, to wit: Certain…

1Opinion of the Court

The opinion of the court, was delivered by

Horton, C. J.:

The tax contested by the railroad company- — -$305.78—was levied under the authority of §1 of an act entitled “An act to restrain the issuing of county warrants,” approved March 5, 1862 — §1, art. 16, ch. 25, page 312, Comp. Laws of 1879. Said § 1 reads:

“ It shall be the duty of the board of county commissioners of each county in this state to levy in each year, in addition to the taxes for other purposes, a county tax sufficient to defray all county charges and expenses incurred during such year, and 20 per centum in addition to make up…

2Cases cited1 opinion

  1. Elliott v. LochnaneSupreme Court of Kansas · 1862

3Cited by6 opinions

  1. Howard v. HulbertSupreme Court of Kansas · 1901
  2. Leavenworth National Bank v. ReillySupreme Court of Kansas · 1916
  3. Atchison, Topeka & Santa Fé Railroad v. WilhelmSupreme Court of Kansas · 1885
  4. City of Topeka v. McCabeSupreme Court of Kansas · 1909
  5. Atchison, Topeka & Santa Fe Railway Co. v. Board of County CommissionersSupreme Court of Kansas · 1919

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