Board of County Commissioners v. City of Salina

The opinion of the court was delivered by

Wedell, J.:

This is an appeal from an order sustaining plaintiff’s motion to strike certain portions of defendant’s answer.

It is contended this order was equivalent to sustaining a demurrer to defendant’s answer and is in substance a decision on the merits of the action.

The action was brought by Saline county against the city of Salina, to recover payments of special assessment taxes levied by the city and placed on the tax rolls of the county, which taxes the county paid to the city without having collected the same from the owners of the property…