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SMITH v. CITY OF PRAIRIE VILLAGE

No. 39,134

175 Kan. 469 (1953)

264 P.2d 1053

R.A. SMITH and N.M. SMITH, Appellants, v. THE CITY OF PRAIRIE VILLAGE, KANSAS, a Municipal Corporation, and M.J. QUAINTANCE, Treasurer of Johnson County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

R.A. Smith, of Prairie Village, argued the cause and N.M. Smith, of Prairie Village, was with him on the briefs for appellants.

James R. Hoover, of Prairie Village, argued the cause and James H. Bradley, county attorney, of Olathe, was with him on the brief for appellees.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action to recover taxes paid under protest. The trial court sustained defendants' demurrers to plaintiffs' petition and they have appealed. In their petition plaintiffs alleged that they were the owners of certain described real property in what they speak of as the First Annexed Area to the city of Prairie Village in Mission township, Johnson county, Kansas; that the city was organized as...

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