Legal Opinion

Comm'rs of Wabaunsee Co. v. Walker

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 47 opinions

Error from Wabaunsee District Court. Action brought by Walker against The Board of County Com/m’rs of Wabasmsee Co. to recover the sum of $474.36, paid to the treasurer of Wabaunsee county as interest on delinquent taxes. The defendants demurred. The facts are fully stated in the opinion.

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Error from Wabaunsee District Court. Action brought by Walker against The Board of County Com/m’rs of Wabasmsee Co. to recover the sum of $474.36, paid to the treasurer of Wabaunsee county as interest on delinquent taxes. The defendants demurred. The facts are fully stated in the opinion. The district court, at the November Term, 1867, overruled the demurrer, and gave judgment in favor of the plaintiff for the sum claimed and interest, amounting to $568.24. The Board of Commissioners bring the case here on error. Two questions arise: 1st, Can the defendant in error recover money paid under…

1Opinion of the Court

The opinion of the court was delivered by

Yalentine, J.:

The defendant in error brought an action in the court below to recover from the county of Wabaunsee a certain sum of money which he claims to be due to him under the following circumstances: Certain lands lying within said, county belonging to said Walker were sold for the taxes for the year 1860, and the taxes for the years 1861,1862, and 1863 were subsequently entered on the book of tax sales as provided by law. In 1864 Walker redeemed a part of said lands from said taxes, and in 1865 he redeemed the balance. The treasurer of said…

2Cases cited6 opinions

  1. The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
  2. Phillips v. Board of CommissionersSupreme Court of Kansas · 1870
  3. Falkner, Bell & Co. v. HuntCalifornia Supreme Court · 1860
  4. Awalt v. Eutaw Building Ass'n, No. 4Court of Appeals of Maryland · 1871
  5. Guittard Tp. v. Com'rs Marshall Co.Supreme Court of Kansas · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Railroad Co. v. CommissionersSupreme Court of the United States · 1879
  2. State Road Commission v. County Court of Kanawha CountyWest Virginia Supreme Court · 1932
  3. Dennison Manufacturing Co. v. WrightSupreme Court of Georgia · 1923
  4. New Orleans & N. E. R. v. Louisiana Const. & Imp. Co.Supreme Court of Louisiana · 1902
  5. Kansas Pacific Railway Co. v. Commissioners of Wyandotte CountySupreme Court of Kansas · 1876

42 more not listed; retrieve them via the Exa API.

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