City of Osawatomie v. Board of County Commissioners

The opinion of the court was delivered by

Hooh, J.:

Appellee, the city of Osawatomie, seeks to recover from appellant, Miami county, for maintenance of streets which it alleges form connecting links in the system of county highways. Recovery is sought under the provisions of G. S. 1935, 68-506e. The case is here on appeal by the county from an order of the district court overruling its demurrer to the petition.

The statute in question follows:

“That the board of county commissioners of each county shall annually apportion and distribute quarterly to each city on the county highway system from the…