Board of Education v. Board of County Commissioners

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover certain tax moneys alleged to be due plaintiff, appellant here, under the Barnes high-school law, but which appellant alleges had been improperly withheld and disbursed by appellees, the board of county commissioners and the county treasurer of Barton county, to appellees, various school districts. The appeal is by plaintiff from an order striking a so-called first amended petition from the files.

The years during which it is alleged such improper withholding and distributing occurred are the years from 1924 to…