State ex rel. Cherokee-Lanyon Spelter Co. v. Shufford

Citations

• 77 Kan. 263
• 94 P. 137
• 1908 Kan. LEXIS 255

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — Annulment of Municipal Chartei — Parties. A private person cannot use the name of the state in an action of quo warranto for the disorganization of an incorporated city when the purpose of the action is to withdraw the property of such person from municipal taxation.</p> <p>2. Petition — -Joinder of Actions. A petition in such an action which avers a cause of action against the mayor, councilmen and assessor of the city to disorganize the municipality, and also one against the county clerk and the county treasurer to enjoin the collection of a tax levied against the property of the plaintiff in such city, contains two causes of action which are improperly joined.</p> <p>3. Municipal Corporations — Action to Annul Charter — Parties. An action to annul the charter of an incorporated city on the ground that it was illegally organized must be brought in the name of the state, by some officer authorized to represent the interests of the public, as the attorney-general or the county attorney.</p> <p>4. Injunction — Collection of a Tax — Action in the Name of the Staté. A suit cannot be maintained in the name of the state to enjoin the collection of a tax levied by a city for municipal purposes against the property of a private citizen merely because the owner of the property claims the tax to be illegal.</p>