Legal Opinion

L. L. & G. Rld. v. Leahy

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 6 opinions

Error from Neosho District Court. Injunction, brought by the Railroad Company, to restrain the collection of taxes. The defendant demurred. The demurrer was sustained, and a judgment entered in favor of the defendant for costs, at the July Term 1872 of the district court. The Railway Company brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action by plaintiff in error to restrain the defendant from selling certain lands for nonpaypayment of taxes for the year 1871. The petition alleges that the plaintiff oavus the lands, that they were not subject to taxation for the year 1871, that the county authorities illegally levied taxes upon them for that year, and that the defendant as county treasurer is about to( sell them for nonpayment of those taxes. A demurrer to this petition was sustained by the district court.

The demurrer admits that the allegations of the…

2Cases cited2 opinions

  1. Meagher v. MorganSupreme Court of Kansas · 1865
  2. Marley v. SmithSupreme Court of Kansas · 1867

3Cited by6 opinions

  1. Engelbrecht v. HerringtonSupreme Court of Kansas · 1918
  2. Gano v. CunninghamSupreme Court of Kansas · 1912
  3. Comm'rs of Saline County v. YoungSupreme Court of Kansas · 1877
  4. Board of County Commissioners v. SpearmanSupreme Court of Kansas · 1913
  5. Byerley v. BraucherSupreme Court of Kansas · 1957

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