Francis v. A. T. & S. F. Railroad
Supreme Court of Kansas
Error from Shawnee District Court. Injunction, brought by the A. T. & S. F. Railroad Company, plaintiff, against John Francis, as treasurer of state, defendant.
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Error from Shawnee District Court. Injunction, brought by the A. T. & S. F. Railroad Company, plaintiff, against John Francis, as treasurer of state, defendant. The plaintiff’s petition shows that plaintiff has been and is the owner of certain railroad property located ■outside the limits of any of the organized counties, and situate and located within the limits of the unorganized counties of Foote, Sequoyah, Hamilton and Kearney, within the state of Kansas; that said railroad property consists of 106 miles and 1,370 feet of right-of-way, railroad track, and the stations, water tanks and…
1Opinion of the Court
*306The opinion of the court was delivered by
Brewer, J.:
This case turns upon the constitutionality of section 37 of the tax law of 1876, (Laws of 1876, p.67.) That section reads as follows:
“Sec. 37. If any of the railroad property in this state is located outside the limits of organized counties, it shall be the duty of the auditor of state to make a levy of tax upon such property for state purposes, the same as is made upon the other taxable property, and place the same in the hands of the treasurer of state for collection; and if such taxes be not paid into the state treasury on or before the…
2Cases cited4 opinions
- State ex rel. Johnson v. HitchcockSupreme Court of Kansas · 1862
- Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
- Fretwell v. City of TroySupreme Court of Kansas · 1877
- Helm v. HelmSupreme Court of Kansas · 1873
3Cited by36 opinions
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- Wisconsin Central Railroad v. Taylor CountyWisconsin Supreme Court · 1881
- Wheeler v. WeightmanSupreme Court of Kansas · 1915
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Norris v. Montezuma Valley Irr. Dist.Court of Appeals for the Eighth Circuit · 1918
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