Legal Opinion

Beach v. Leahy

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 63 opinions

Error from Neosho Eistriet Court. Injunction, brought by Beaeh and six others, residents, electors and taxpayers in School District No. 2, Neosho county, to restrain Leahy, as county treasurer, from collecting certain taxes levied on property of the plaintiffs.

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Error from Neosho Eistriet Court. Injunction, brought by Beaeh and six others, residents, electors and taxpayers in School District No. 2, Neosho county, to restrain Leahy, as county treasurer, from collecting certain taxes levied on property of the plaintiffs. The record shows that the board of said district had issued the bonds of said district to the amount of $15,000 for the purpose of erecting a school-house in said district; that said bonds were issued in accordance with the terms and provisions of chapter 35 of the laws of 1871, and had been negotiated as authorized by said act; that…

1Opinion of the Court

The opinion of the court was delivered by

Brewer,'J.:

The only question presented by this case is as to the constitutionality and validity of the act of the legislature ’ of this state entitled “An act authorizing School District No. 2, Neosho county, Kansas, to issue bonds to build a school-house,” approved February 22, 1871. (Laws of 1871, page 74.) It is claimed that such act conflicts with two sections of the constitution, viz., §17 of art. 2, and §1 of art. 12. The former provides that “In all cases where a general law can be made applicable no special law shall be enacted;” and the latter…

2Cases cited10 opinions

  1. Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
  2. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  3. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  4. Bucklin v. StateOhio Supreme Court · 1851
  5. State ex rel. Johnson v. HitchcockSupreme Court of Kansas · 1862

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3Cited by63 opinions

  1. Middleton v. Texas Power & Light Co.Texas Supreme Court · 1916
  2. Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
  3. Howard v. Tacoma School District No. 10Washington Supreme Court · 1915
  4. State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
  5. Wichita Public Schools Employees Union, Local No. 513 v. SmithSupreme Court of Kansas · 1964

58 more not listed; retrieve them via the Exa API.

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