Stewart v. Kansas Town Co.
Supreme Court of Kansas
Error from Wyandotte District Court. Action by the Kansas Town Company and others against M. W. Stewart, as county treasurer of Wyandotte county, and others, to enjoin the collection of taxes levied on the property of plaintiffs. Judgment for plaintiffs Pebruary 24, 1892. The defendants bring the case here. The opinion states the facts.
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Error from Wyandotte District Court. Action by the Kansas Town Company and others against M. W. Stewart, as county treasurer of Wyandotte county, and others, to enjoin the collection of taxes levied on the property of plaintiffs. Judgment for plaintiffs Pebruary 24, 1892. The defendants bring the case here. The opinion states the facts. No doctrine is better settled than that a collateral attack cannot be made upon .the existence of a public corporation, or the right to exercise any of its functions, when there is such an existence, or exercise, as a matter of fact, within the principles of…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This was an action by the Kansas Town Company and other owners of real estate situate within the limits of the city of Argentine, to enjoin the collection of taxes levied by the officers of the city of Argentine for the year 1891. The case was tried upon an agreed statement of facts, from which it appears that Argentine is a city of the second class, and that the property of the parties complaining was situate within the limits of the city during the year for which the taxes were levied. At the proper time for the levying of taxes for the…
2Cases cited4 opinions
- Columbus Water-Works Co. v. City of ColumbusSupreme Court of Kansas · 1891
- City of Leavenworth v. NortonSupreme Court of Kansas · 1863
- Manley v. EmlenSupreme Court of Kansas · 1891
- Weber v. TraubelIllinois Supreme Court · 1880
3Cited by9 opinions
- Phelps v. LodgeSupreme Court of Kansas · 1899
- Atchison, Topeka & Santa Fe Railway Co. v. City of HumboldtSupreme Court of Kansas · 1912
- City of Cleveland v. United StatesCourt of Appeals for the Sixth Circuit · 1901
- State ex rel. Faulconer v. Board of County CommissionersSupreme Court of Kansas · 1911
- Atchison, Topeka & Santa Fe Railway Co. v. City of Kansas CitySupreme Court of Kansas · 1914
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