Legal Opinion

Riley v. Township of Garfield

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 18 opinions

Original Proceeding in Mandamus. On the 20fch of August, 1894, Lewis A. Riley filed his application in this court, duly supported by affidavit, for a writ of mandamus to compel a levy on the taxable property of the township of Garfield, of Finney county, sufficient in amount to pay the matured and maturing interest coupons of certain refunding bonds of Garfield county owned by him, and also a levy to create a sinking fund for the payment of the principal of the bonds.

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Original Proceeding in Mandamus. On the 20fch of August, 1894, Lewis A. Riley filed his application in this court, duly supported by affidavit, for a writ of mandamus to compel a levy on the taxable property of the township of Garfield, of Finney county, sufficient in amount to pay the matured and maturing interest coupons of certain refunding bonds of Garfield county owned by him, and also a levy to create a sinking fund for the payment of the principal of the bonds. Thereupon, an alternative writ of mandamus was issued, which alleged, among other things: “That subsequently to the…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

It is conceded that when the duty to levy and collect a special tax to pay a special class of debts, or the interest thereon — as, for example, county or township refunding bonds — is so clear and imperative as to admit of no doubt, the court may grant mandamus to compel the levy of a special tax to pay the bonds, or the interest coupons thereof, before they are reduced to judgment. (2 Dill. Mud. Corp. 853; High, Ex. Leg. Rem., §§338, 339.)

I. It is insisted, however, that the validity of the bonds recited in the alternative writ is…

2Cases cited4 opinions

  1. Brown v. City of AtchisonSupreme Court of Kansas · 1888
  2. School District No. 25 v. StateSupreme Court of Kansas · 1882
  3. State ex rel. Little v. LewellingSupreme Court of Kansas · 1893
  4. Carpenter v. HindmanSupreme Court of Kansas · 1884

3Cited by18 opinions

  1. City of Topeka v. DwyerSupreme Court of Kansas · 1904
  2. Board of Com'rs v. Ætna Life Ins.Court of Appeals for the Eighth Circuit · 1898
  3. Rathbone v. HopperSupreme Court of Kansas · 1896
  4. Missouri Pacific Railway Co. v. PrestonSupreme Court of Kansas · 1901
  5. Joint School Dist. No. 132 v. DabneySupreme Court of Oklahoma · 1927

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