Comm'rs of Labette County v. Franklin
Supreme Court of Kansas
Error from Labette District Court. In February 1874 the county treasurer of Labette county issued to Franklin, as sheriff, a large number of tax warrants for the collection of personal-property taxes levied in and for the year 1873. Many of these tax warrants were returned “no property found,” etc., and in July 1874, Franklin made out and presented to the county board four bills for sheriff’s fees on said warrants, as follows: One bill set forth the names of 260 persons…
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Error from Labette District Court. In February 1874 the county treasurer of Labette county issued to Franklin, as sheriff, a large number of tax warrants for the collection of personal-property taxes levied in and for the year 1873. Many of these tax warrants were returned “no property found,” etc., and in July 1874, Franklin made out and presented to the county board four bills for sheriff’s fees on said warrants, as follows: One bill set forth the names of 260 persons against whom tax warrants had been issued, as to each of which persons the warrant was returned “ no property found,” and…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
There is but a single question in this case which requires consideration, and that is, whether a sheriff is entitled to collect mileage on tax warrants which are returned by him indorsed “no property.” This is a mere question of the construction of the statute. The sheriff can collect just such fees as the law gives him, whether in the particular case they are adequate compensation for the work done or not. He is entitled to the same fees on tax warrants as on executions. (Gen. Stat., p. 1060, § 128.) He is given for “serving and returning…
2Cited by5 opinions
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