Board of Commissioners v. Goddard
Supreme Court of Kansas
Error from Lyon District Court. This action was commenced by the defendant in error, plaintiff below, against the plaintiff in error, defendant below, to recover an amount of money alleged to be due the defendant in error as assignee of certain tax certificates.
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Error from Lyon District Court. This action was commenced by the defendant in error, plaintiff below, against the plaintiff in error, defendant below, to recover an amount of money alleged to be due the defendant in error as assignee of certain tax certificates. He set forth in his petition seventeen'separate causes of action; but as the legal questions involved in each cause of action are precisely the same as those involved in the others, it will be necessary to state the facts set forth in only one of such causes of action. The facts alleged in the first cause of action are substantially…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The plaintiff in error claims that the petition of the defendant in error does not state facts sufficient to constitute any cause of action against Lyon county or the board of commissioners; and within the ease of Commissioners of Saline Co. v. Geis, ante, just decided, the claim is correctly made. Whether the case was prosecuted and disposed of under §145, ch. 34, Laws 1876, or §120, ch. 107, Gen. Stat. 1058, is immaterial. The sections are nearly similar. No allegation is made in the petition that the county treasurer was without funds…
2Cases cited7 opinions
- Comm'rs of Wabaunsee Co. v. WalkerSupreme Court of Kansas · 1871
- Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876
- Phillips v. Board of CommissionersSupreme Court of Kansas · 1870
- Hamilton v. ValiantCourt of Appeals of Maryland · 1869
- People ex rel. Rice v. Auditor GeneralMichigan Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Brown v. Wichita State UniversitySupreme Court of Kansas · 1975
- Sullivan v. DavisSupreme Court of Kansas · 1882
- Olsen v. BagleyUtah Supreme Court · 1894
- Reitz v. CooperSupreme Court of Kansas · 1927
- Dowell v. City of PortlandOregon Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.