City of Topeka v. Boyd

The opinion of the court was delivered by

Johnston, C. J.:

The city of Topeka brought this mandamus proceeding against T. B. Boyd, treasurer of Shawnee county, to *203compel the transfer by the county treasurer of certain moneys collected by him for the city as taxes from certain banks which made payments under protest. The writ was denied and the city appeals.

In its petition the city alleged that the defendant, acting as treasurer, is required to collect taxes in behalf of the city, and to pay over the same on the 15th day of January, 15th day of April, 15th day of July and the 15th day of October…