Equitable Investment Trust Co. v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

The Equitable Investment Trust Company recovered a money judgment against Wyandotte county. It then obtained a peremptory writ of mandamus against the county commissioners requiring them to levy a tax to pay the judgment. From the order allowing the writ the defendants appeal.

The defendants maintain that they should not be required to levy a tax to pay the judgment because, as shown by the petition in the original action, the county was not liable upon the claim there made against it. The petition asked a recovery of the amount the plaintiff…