Millhaubt v. McKee

The opinion of the court was delivered by

Smith, J.:

This is an action in which the county commissioners of Sedgwick county ask a writ of mandamus to compel the county treasurer to disburse certain tax money that was paid under protest and to compel defendant railroads to withdraw their protests. Judgment was for plaintiffs. Defendants appeal.

The taxes involved are those payable in December, 1933. The action arises on account of a dispute about which tax limitation statute controls. The levy which is attacked here was 4.5 mills in the aggregate. Defendant railway companies paid such of their…