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95 Kan. 271

Lusk v. Sessions

Supreme Court of Kansas

Decided April 10, 1915

Supreme Court of Kansas · decided 1915-04-10

<p>Appeal from Shawnee district court; division No. 1; Alston W. Dana, judge.</p>

Cited by 1 later decisions — most recently February 1916

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1915-04-10

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¶1The opinion of the court was delivered by

Mason, J.:

¶2The receivers of the St. Louis & San Francisco Railroad Company paid under protest the tax required by the terms of the corporation tax law of 1913 (Laws 1913, ch. 135), and sued to recover the amount. A demurrer to the petition was sustained, and the plaintiff appeals.

¶3The company named is a foreign corporation which has complied with certain conditions entitling it under our statutes to the same treatment as domestic corporations. The argument is made that if the tax law referred to is unconstitutional, and can. not be enforced against domestic corporations, the Frisco company is entitled to the same exemption by virtue of the guaranty of privileges equal to those of corporations char*272tered by this state. We have decided that the act in question is valid as to domestic corporations, and this conclusion necessarily disposes of the contentions made in this case.

¶4The judgment is affirmed.

Dawson, J., not sitting.
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