Legal Opinion

State ex rel. Attorney General v. Board of County Commissioners

Supreme Court of Kansas

Decided October 15, 1863PublishedCited by 6 opinions

MoUonfor writ of Mandamus. The facts of the case appear in the opinion of the Court. The writ of mandamus will issue to compel inferior tribunals and public officers to perform positive duties, upon their refusal so to do. The expiration of the time within which a duty is to be performed by public officers without performance, is a refusal to perform.

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MoUonfor writ of Mandamus. The facts of the case appear in the opinion of the Court. The writ of mandamus will issue to compel inferior tribunals and public officers to perform positive duties, upon their refusal so to do. The expiration of the time within which a duty is to be performed by public officers without performance, is a refusal to perform. The Commissioners of certain counties, including those of Leavenworth County, are required by Act of 1863 to levy and collect, along with the other taxes for A. D. 1863, a certain tax sufficient for a certain purpose. This purpose is declared,…

1Opinion of the Court

By the Omrt,

Cobb, C. J.

This is a motion for a mandamus- to compel the defendants to levy with the taxes of 1863, an additional sum of §21,131.24 of unpaid Territorial taxes under the “ Act to require certain counties to levy, collect and pay over delinquent Territorial taxes. Chap. 63, Lames of 1863. The motion is founded! upon a sworn petition of the Attorney *66General, alleging “ that heretofore, to-wit, July 1st, 1863, there was due from Leavenworth County in said State, to said State of Kansas, the sum of twenty-one thousand one hundred and thirty-one dollars twenty-four cents, the same…

2Cited by6 opinions

  1. Wheeler v. WeightmanSupreme Court of Kansas · 1915
  2. Salthouse v. Board of County CommissionersSupreme Court of Kansas · 1924
  3. In re PageSupreme Court of Kansas · 1899
  4. Kansas Gas & Electric Co. v. DaltonSupreme Court of Kansas · 1935
  5. Commissioners of Pawnee County v. Atchison, Topeka & Santa Fé Rld.Supreme Court of Arkansas · 1879

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