Legal Opinion

Commissioners of Sedgwick County v. Bailey

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 6 opinions

Original Proceedings in Mandamus. The Board of County Commissioners of Bedgvdck Co. filed their petition in this court for a writ of mandamus to compel IP. W. Bailey, as county clerk of Harvey county, to perform the duty prescribed by § 6, ch. 97, Laws of 1872, and apportion certain taxes upon certain taxable real property detached by said ch. 97 from Sedgwick county and attached to and made a part of said Harvey county.

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Original Proceedings in Mandamus. The Board of County Commissioners of Bedgvdck Co. filed their petition in this court for a writ of mandamus to compel IP. W. Bailey, as county clerk of Harvey county, to perform the duty prescribed by § 6, ch. 97, Laws of 1872, and apportion certain taxes upon certain taxable real property detached by said ch. 97 from Sedgwick county and attached to and made a part of said Harvey county. The petition was verified by the county attorney of Sedgwick county. An alternative writ was issued. Upon its return, the cause was heard before this court. Bailey did -not…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an application made to this court for a mandamus compelling the defendant as county clerk of the county of Harvey to apportion, upon the taxable property situate in that portion of Harvey county which was detached from Sedgwick county, the amount of taxes necessary to pay that proportion of the interest due on the railroad bonds of Sedgwick county which was assigned to the detached territory by the act of the legislature of 1872. (Laws 1872, p. 184, ch. 97, §6.) The defendant raises four objections to the allowance of the writ. He…

2Cited by6 opinions

  1. Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
  2. Commissioners of Sedgwick County v. BunkerSupreme Court of Kansas · 1876
  3. People ex rel. German Insurance of Freeport v. GetzendanerIllinois Supreme Court · 1891
  4. Board of Ed'n v. Board of Ed'nWest Virginia Supreme Court · 1887
  5. In re Apportionment of Indebtedness between Fremont & Big Horn CountiesWyoming Supreme Court · 1898

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