Super v. Tadlock

*980The opinion of the court was delivered by

Benson, J.:

The plaintiff seeks a writ of mandamus to require the defendants to levy a tax upon property in the township to pay a judgment rendered in an action for damages suffered because of a defective highway. (Super v. Modell Township, 88 Kan. 698, 129 Pac. 1162.) The defendants aver their willingness to make the levy if they have the power, but plead lack of authority.

Section 9584 of the General Statutes of 1909 provides that the township trustee “Shall superintend all the pecuniary concerns of his township, and shall at the July session of the…