Hamilton v. Wilson
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. The facts in this case have been agreed to by the parties in writing, and are as follows: ‘ ‘ That the said George A. Hamilton, plaintiff, is now and has been a resident of the state of Iowa, and has never been a resident of the state of Kansas ; that on or about the 27th day of November, 1889, the said George A. Hamilton recovered a judgment on a certain note and mortgage held by said Hamilton and which had been sent to Ellsworth,…
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Original proceeding in mandamus. STATEMENT. The facts in this case have been agreed to by the parties in writing, and are as follows: ‘ ‘ That the said George A. Hamilton, plaintiff, is now and has been a resident of the state of Iowa, and has never been a resident of the state of Kansas ; that on or about the 27th day of November, 1889, the said George A. Hamilton recovered a judgment on a certain note and mortgage held by said Hamilton and which had been sent to Ellsworth, Kansas, for collection, in the district court of Ellsworth county, Kansas, against one Thomas N. Rankin for the sum of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
Chapter 243, Laws of 1897 (Gen. Stat. 1897, ch. 158, §§32-41; Gen. Stat. 1899, §§7175-7184), relating to the taxation of personal judgments, *515is attacked as unconstitutional. The first section of the law reads :
“ Section 1. The term ‘ personal judgments ’ shall include all personal judgments for money only, owned by residents and non-residents of the state of Kansas : Provided, this section shall not apply to judgments upon foreclosure of mortgages prior to the sale of the lands described in the decree, work and labor judgments or for…
2Cases cited2 opinions
- In re PageSupreme Court of Kansas · 1899
- Atchison, Topeka & Santa Fe Railway Co. v. ClarkSupreme Court of Kansas · 1899
3Cited by8 opinions
- Wheeler v. WeightmanSupreme Court of Kansas · 1915
- Voran v. WrightSupreme Court of Kansas · 1930
- Adams v. KuykendallMississippi Supreme Court · 1903
- Voran v. WrightSupreme Court of Kansas · 1929
- Teagan Transportation Co. v. Board of AssessorsMichigan Supreme Court · 1905
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