United States v. Fort Scott
Supreme Court of the United States
Error to the Circuit Court of the United States for the District of Kf sas. A statute of Kansas, approved March 2, 1871, confers upon cities of the second class authority to enact ordinances for certain defined purposes.
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Error to the Circuit Court of the United States for the District of Kf sas. A statute of Kansas, approved March 2, 1871, confers upon cities of the second class authority to enact ordinances for certain defined purposes. By the sixteenth section authority is given: 1st, to levy and collect taxes for general revenue purposes, not to exceed five mills on the dollar in any one year, on all the real, mixed, and personal property within their limits, taxable according to the laws of the State; 2d, to open and improve streets, avenues, and alleys, make sidewalks, and build bridges, culverts, and…
1Opinion of the CourtJustice Harlan
The vital question upon this writ of error is, whether the city is under a legal obligation to impose, in satisfaction of the relator’s judgment, a tax upon all the taxable property of the city. If so, the judgment dismissing the information should be reversed; otherwise, it must be affirmed.
It is contended by counsel for the plaintiff that as the judgment for the debt has never been modified or reversed, the city is estopped, in this proceeding, to say that the relator Avas entitled only to a levy upon the property specially benefited. A determination of that question does not seem…
2Cases cited1 opinion
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