12 Kan. 301 | Kan. | 1873
The opinion of the court was delivered by
This was an action to obtain an injuncr tion to restrain the collection of certain taxes levied upon the plaintiff’s property for the year 1872. These taxes were, •first, a city tax levied upon the plaintiff’s property by the city of Troy, Doniphan county; second, a school-district tax levied upon the plaintiff’s property by school district No. 21 of Doniphan county. The plaintiff applied to the judge of the district court at chambers for a temporary injunction to restrain the collection of said taxes until the action could be heard upon its merits. The judge refused said temporary
1869; (Laws of 1869, page 80.) And even if the city of Troy had organized as a city of the third class, as it had a right to do under said third-class city act, on or after July 12th, 1869, and by that means obtained the power to extend its corporate limits, still such organization would not have made valid the prior invalid ordinance attempting to extend the boundaries of the corporation passed before said act was passed, or took effect. And neither could the event of the city of Troy becoming a city of the third class under and upon the taking effect of the third-class city act of March 2d, 1871, with power to extend its corporate limits, make valid said previous invalid ordinance.
The order of the judge of the court below refusing said temporary injunction is reversed, and cause remanded for further proceedings.