Legal Opinion

Smith v. City of Frankfort

Court of Appeals of Kansas

Decided December 14, 1895No. 1PublishedCited by 7 opinions

Memorandum. — Error from Marshall district court; R. B. Spilman, judge. Proceeding in mandamus, brought by The City of Frankfort against William H. Smith, as treasurer of Marshall county, to compel payment of certain moneys. Judgment for plaintiff. Defendant brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Gilkeson, P. J. :

Action in mandamus to compel the plaintiff in error to pay to the defendant in error certain sums of money collected by him, to wit, interest and penalties upon delinquent taxes levied by the defendant in error for special sidewalk improvements. The facts are : In 1882 the city of Frankfort, by ordinance, caused certain sidewalks to be built within its corporate limits, and in payment therefor issued to the contractor its warrants or scrip, bearing 10 per cent, interest from January 1, 1883. In 1884 the city made an assessment for…

2Cited by7 opinions

  1. Cunningham v. BlytheSupreme Court of Kansas · 1942
  2. State Ex Rel. City of Wolf Point v. McFarlanMontana Supreme Court · 1927
  3. Griswold v. GriswoldColorado Court of Appeals · 1913
  4. Board of County Commissioners v. City of WichitaSupreme Court of Kansas · 1901
  5. Board of Education v. StewartSupreme Court of Kansas · 1924

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