Legal Opinion

Chicago, Burlington & Quincy Railroad v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 30 opinions

Error from Atchison District Court. This action was brought on the 5th day of January, 1894, by The. Chicago, Burlington & Quincy Railroad Company against The Board of County Commissioners of the Coimty of Atchison, and J. C. MeCully, as treasurer of Atchison county, to enjoin 75 per cent, of its taxes, other than state taxes, as levied in Atchison county for the year 1893. The defendants filed an answer containing a general denial.

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Error from Atchison District Court. This action was brought on the 5th day of January, 1894, by The. Chicago, Burlington & Quincy Railroad Company against The Board of County Commissioners of the Coimty of Atchison, and J. C. MeCully, as treasurer of Atchison county, to enjoin 75 per cent, of its taxes, other than state taxes, as levied in Atchison county for the year 1893. The defendants filed an answer containing a general denial. Trial had on the 18th of June, 1894, before the court without a jury. The court made and filed the following findings of fact: “The plaintiff is a railroad…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The constitution of the state ordains that “the legislature shall provide for a uniform and equal rate of assessment and taxation.” (Art. 11, §1.) To compel uniformity and equality of assessment and taxation, the statute provides that all property shall be assessed at its true value. (Gen. Stat. of 1889, ¶6861.) In this case, it appears from the findings of the trial court that a greater burden of taxation was imposed in 1893 upon the property of the railroad company in Atchison county than on other property in that county. The taxes were…

2Cases cited9 opinions

  1. Stanley v. Supervisors of AlbanySupreme Court of the United States · 1887
  2. People v. WeaverSupreme Court of the United States · 1880
  3. Pelton v. National BankSupreme Court of the United States · 1880
  4. City of Lawrence v. KillamSupreme Court of Kansas · 1873
  5. Lefferts v. Board of SupervisorsWisconsin Supreme Court · 1867

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3Cited by30 opinions

  1. Taylor v. Louisville & N. R.Court of Appeals for the Sixth Circuit · 1898
  2. Pierce v. GreenSupreme Court of Iowa · 1940
  3. Addington v. Board of County CommissionersSupreme Court of Kansas · 1963
  4. Eminence Distillery Co. v. Henry County Board of SupervisorsCourt of Appeals of Kentucky · 1918
  5. Board of County Commissioners v. BullardSupreme Court of Kansas · 1908

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