State v. Harrison
Supreme Court of Kansas
Error from Marion District Court. Action brought by The State against Harrison as principal, and the two sureties upon his official bond, as a county commissioner of Marion county, given under § 1432, p. 279, of the Compiled Laws of 1879. The alleged breaches of the bond grew out of the drawing of a certain warrant in favor of H. C. Koble, October 7, 1878, for $4,500, mentioned in the case of The State, ex ret., v. Comm’rs of Marion Co., 21' Kas. 438. The defendants’ second…
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Error from Marion District Court. Action brought by The State against Harrison as principal, and the two sureties upon his official bond, as a county commissioner of Marion county, given under § 1432, p. 279, of the Compiled Laws of 1879. The alleged breaches of the bond grew out of the drawing of a certain warrant in favor of H. C. Koble, October 7, 1878, for $4,500, mentioned in the case of The State, ex ret., v. Comm’rs of Marion Co., 21' Kas. 438. The defendants’ second defense to the plaintiff’s petition is as follows: “For a second and further ground of defense, said defendants say that…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The only question in this case is, whether the second defense of the defendants’ answer sets forth facts sufficient to constitute a defense to the plaintiff’s petition. The material question involved in the case is, whether the county commissioners of Marion county, Kansas, acted beyond their power or not, in issuing a certain warrant or order to Henry C. Koble for $4,500, and in appropriating that amount of money to make certain improvements in said county. Now while we know from the facts as set forth and shown in the cases of The…
2Cases cited1 opinion
- State ex rel. Reed v. Commissioners of Marion CountySupreme Court of Arkansas · 1879
3Cited by6 opinions
- Hurst v. v & M of Virginia, Inc.Court of Appeals of Maryland · 1982
- Swarts v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1918
- State ex rel. Bradford v. Board of CommissionersSupreme Court of Kansas · 1890
- Pauly Jail-Bldg. & Manuf'g Co. v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1895
- Johnson v. CommissionersSupreme Court of Kansas · 1886
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