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80 Kan. 260

Houser v. Smith

Supreme Court of Kansas

Decided May 8, 1909

Supreme Court of Kansas · decided 1909-05-08

<p>Error from Gove district court; Jacob C. Ruppenthal, judge.</p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-05-08

How this case has been cited

Cited by 8 later decisions — most recently June 1937

8 state decisions

401909191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam:

¶1This is an action to enjoin the collection of a tax for the support of the Gove county high school. The court sustained a demurrer to the petition on the ground that the facts stated were not sufficient to constitute a cause of action. The only averment of any reason for restraining the collection of the tax or to show its illegality is that “there was and is no high school in said county of Gove which has been established or created according to law.” This is equivalent to saying that the high school establishment was illegal, and is a pure conclusion of law. The statement was insufficient when directly challenged by a demurrer.

¶2The judgment is affirmed.

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