City of Osawatomie v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

The city of Osawatomie brought an action against Miami county alleging in substance that for a period of some fifteen years the county had re*271tained for its own benefit a part of the money collected upon taxes levied by the city, especially with respect to the portion paid as interest by delinquents. The petition asked an accounting and a judgment for the amount found due. The county filed a motion to require the plaintiff to state separately its causes of action, upon the theory that an independent right of recovery accrued upon the failure…