Stewart v. Adams
Supreme Court of Kansas
Error from Wyandotte District Court. This action was brought in the court below by David J. Adams, Julius King and F! B. Mitchener against M. W. Btewart, as county treasurer of Wyandotte county, et al., to enjoin the collection of taxes levied upon their property by the city of Argentine. The case was tried upon an agreed statements of facts, and the court rendered judgment in favor of the defendants, perpetually enjoining all the taxes complained of.
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Error from Wyandotte District Court. This action was brought in the court below by David J. Adams, Julius King and F! B. Mitchener against M. W. Btewart, as county treasurer of Wyandotte county, et al., to enjoin the collection of taxes levied upon their property by the city of Argentine. The case was tried upon an agreed statements of facts, and the court rendered judgment in favor of the defendants, perpetually enjoining all the taxes complained of. In 1882, the city of Argentine was created as a city of the third class. The property included in this case was not within its limits when…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The questions in this case are: (1) Was the property of plaintiffs below within the corporate limits of the city of Argentine and subject to taxation therein for the year 1891? (2) If the property was not within the corporate limits of the city, was such property within any territory which had been legally added or attached to the city for school purposes, so as to make it subject to the taxes levied by the board of education of the city for that year? (3) If the property was within the city limits and subject to any taxation therein,…
2Cases cited3 opinions
- Ritchie v. MulvaneSupreme Court of Kansas · 1888
- Armstrong v. City of TopekaSupreme Court of Kansas · 1887
- Atchison & Nebraska Railroad v. MaquilkinSupreme Court of Kansas · 1873
3Cited by11 opinions
- Smith v. City of EmporiaSupreme Court of Kansas · 1949
- Babcock v. City of Kansas CitySupreme Court of Kansas · 1966
- State Ex Rel. Winn v. City of San AntonioCourt of Appeals of Texas · 1953
- Wellman v. City of Burr OakSupreme Court of Kansas · 1928
- Board of Com'rs of Garfield County v. WorrellSupreme Court of Oklahoma · 1912
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