10 Kan. 326 | Kan. | 1872
The opinion of the court was delivered by
This was an action to obtain a perpetual injunction to restrain the levying of a certain tax. The plaintiff in its petition below alleges that it is a corporation; that it is a taxpayer owning real estate in Wyandotte county,,
The plaintiff of course .has legal capacity to sue whenever its rights are infringed, whenever a cause of action accrues in its favor. But in this case we do not think that the petition •shows either; and therefore we do not think that the petition ■states facts sufficient to constitute a cause of action. This .action is obviously not brought under chapter 79 of the laws of 1871, (pages 190 to 194,) for the plaintiff in this case is not an elector, as the plaintiff is required to be who commences an action under §§ 1 and 5 of that act; and that'act nowhere provides for the enjoining of any tax. Neither will it be claimed that this action can be maintained under the former rules of law or equity; for in a case vastly stronger for the
“Sec. 253. An injunction may be granted to enjoin the illegal levy of any tax, charge, or assessment, or the collection of any illegal tax, charge, or assessment, or any proceeding to enforce the same; and any number of persons whose property is affected by .a tax or assessment so levied, may unite in the petition filed to obtain such injunction.” (General Statutes, 677.)