Legal Opinion

City of Atchison v. State

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 12 opinions

Error from Atchison District Cou/rt. Action for an injunction, brought on December 31,1884, in the name of The State of Kansas, on the relation of James F. Tufts, acting county attorney of Atchison county, against The Oity of Atchison, Charles J. Drury, as City Treasurer of the city of Atchison, Dilgert & Wagner, John Peterson, James A. Doper, as County Treasurer of Atchison county, and The Atchison National Bank.

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Error from Atchison District Cou/rt. Action for an injunction, brought on December 31,1884, in the name of The State of Kansas, on the relation of James F. Tufts, acting county attorney of Atchison county, against The Oity of Atchison, Charles J. Drury, as City Treasurer of the city of Atchison, Dilgert & Wagner, John Peterson, James A. Doper, as County Treasurer of Atchison county, and The Atchison National Bank. The petition filed by the plaintiff, omitting the caption, title and exhibits, is as follows: “First: The defendant, the city of Atchison, is a duly incorporated and organized city…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

On April 24, 1884, the city council of the city of Atchison enacted an ordinance appropriating $25,000 with which to build certain bridges in the city; and as there was no money in the treasury for that purpose, it was therein provided that the proposition of issuing the bonds of the city in the amount of $25,000, to be used in payment of the bridges, and the levy of a special tax to pay such bonds, should be submitted to the qualified voters of the city for their ratification or rejection. In accordance with the provisions of the…

2Cases cited8 opinions

  1. People v. . BoothNew York Court of Appeals · 1865
  2. Phillips v. Board of CommissionersSupreme Court of Kansas · 1870
  3. Attorney General v. City of SalemMassachusetts Supreme Judicial Court · 1869
  4. Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
  5. State v. McLaughlinSupreme Court of Kansas · 1875

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3Cited by12 opinions

  1. City of Indianapolis v. Indiana State Board of Tax CommissionersIndiana Supreme Court · 1974
  2. Glaser v. GlaserSupreme Court of Oklahoma · 1903
  3. State ex rel. City of Sheboygan v. County Board of SupervisorsWisconsin Supreme Court · 1928
  4. Atchison, Topeka & Santa Fe Railway Co. v. City of HumboldtSupreme Court of Kansas · 1912
  5. Baker v. TateSupreme Court of Oklahoma · 1914

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