KANSAS CITY SOUTHERN RLY. CO v. BOARD OF COUNTY COMM'RS

Nos. 41,121, 41,122, 41,141

183 Kan. 675 (1958)

331 P.2d 899

KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. KANSAS CITY SOUTHERN RAILWAY COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees. MISSOURI PACIFIC RAILROAD COMPANY, Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CHEROKEE COUNTY, et al., Appellees.

Supreme Court of Kansas.

Opinion filed November 8, 1958.


Attorney(s) appearing for the Case

R.L. Letton, of Pittsburg, argued the cause, and C.R. Stauffacher, of Columbus, was with him on the briefs for the appellant, Kansas City Southern Railway Company.

Ralph M. Hope, of Wichita, argued the cause, and Leo Armstrong, of Columbus, and W.F. Lilleston, George C. Spradling, Henry V. Gott, George Stallwitz, Richard W. Stavely, Charles S. Lindberg, and Ronald M. Gott, all of Wichita, were with him on the briefs for the appellant, Missouri Pacific Railroad Company.

J.K. Dear, of Kansas City, and Peter F. Caldwell, of Topeka, argued the cause, and Jules V. Doty, of Ottawa, was with them on the briefs for the appellees.


The opinion of the court was delivered by

ROBB, J.:

Three appeals from orders of the trial court sustaining defendants' demurrers to the petitions filed in three actions to recover property taxes paid under protest to the county treasurer of Cherokee county have been consolidated for appellate review.

This court made an order on April 22, 1958, that the three cases would be consolidated provided counsel for all parties stipulated in writing that the...

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