State ex rel. Farnham v. Bowker
Supreme Court of Kansas
Error from Shawnee County. The case at Bar was one Brought By relator for a mandamus against the treasurer of the county of Shawnee, to compel him to assign a certificate of land sold for taxes on the 4th of May, 1864, for the delinquent taxes of 1863. The application was made under § 9, chap. 37, L. ’64, p. 72, and under §§74, 88, act of Feb. 27, ’66, on taxes.
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Error from Shawnee County. The case at Bar was one Brought By relator for a mandamus against the treasurer of the county of Shawnee, to compel him to assign a certificate of land sold for taxes on the 4th of May, 1864, for the delinquent taxes of 1863. The application was made under § 9, chap. 37, L. ’64, p. 72, and under §§74, 88, act of Feb. 27, ’66, on taxes. The application was denied, to which order exceptions were taken, and the action Brought to this court for review. submitted: 1. The latter clause of sec. 88, of the law of 1866, is in conflict with sec. 1, art. 11, of the…
1Opinion of the Court
By the Court,
Safford, J.
The petition of the relator shows upon its face that he is not entitled, under the law, to the relief sought. It appears that on the 11th'day of July, 1866, he made his application to the respondent, as treasurer of Shawnee county, for an assignment and delivery to him, of a certain tax certificate held by Shawnee county, said application being based upon the provisions of sec. 9, chap. 37, laws of 1864, and secs. 74 and 88, chap. 118, laws of 1866. He tendered to the respondent, as such treasurer aforesaid, the amount of taxes, costs, and penalty due on the land…
2Cited by4 opinions
- State of California v. HiseyCourt of Appeals for the Ninth Circuit · 1936
- Kansas Pacific Railway Co. v. AmrineSupreme Court of Kansas · 1872
- Board of Commissioners v. State ex rel. MichenerIndiana Supreme Court · 1889
- Board of County Commissioners v. City of WichitaSupreme Court of Kansas · 1901