Board of Comm'rs v. Leahy
Supreme Court of Kansas
Error from Neosho District. Gov/rt. Thomas Leahy was elected treasurer of Neosho county for the term of two years, commencing on the first Tuesday of July, 1870. The other defendants were sureties on his second, or additional bond. Before entering upon the duties of his office, Leahy executed a bond as treasurer. At the general election in 1871, a new board of commissioners was elected in the county, and under the direction of this board Leahy executed the bond sued on.
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Error from Neosho District. Gov/rt. Thomas Leahy was elected treasurer of Neosho county for the term of two years, commencing on the first Tuesday of July, 1870. The other defendants were sureties on his second, or additional bond. Before entering upon the duties of his office, Leahy executed a bond as treasurer. At the general election in 1871, a new board of commissioners was elected in the county, and under the direction of this board Leahy executed the bond sued on. On May 31, 1875, the Board of County Commissioners of Neosho county commenced this action upon the second bond, of date of…
1Opinion of the Court
*59The opinion of the court was delivered by
Horton, C. J.:
The vital question in this case is, whether the bond sued on is valid. The trial court held that it was executed without authority of law, and likewise without consideration, and therefore was void. As it appears from the findings of fact that after the execution of the first bond by the county treasurer, the taxable property of Neosho county had largely increased, and the amount of taxes had correspondingly increased, the necessity for the new or additional bond must be admitted. It cannot, therefore, be urged that the order for the bond…
Also in this document: Concurrence.
2Cases cited1 opinion
- Esley v. People of IllinoisSupreme Court of Kansas · 1880
3Cited by2 opinions
- Hardy v. Board of County CommissionersSupreme Court of Kansas · 1902
- Board of Commissioners v. AbbottSupreme Court of Kansas · 1893