Comm'rs of Leavenworth Co. v. Higginbotham
Supreme Court of Kansas
Error from Leavenworth Eistrict Court. On the 20th of March 1874, Higginbotham commenced his action in the district court against the plaintiff in error, to recover the principal and interest due on bonds numbered 33, 34, 68 and 77 of series B, and 32, 33, 68, 98 and 104 of series C, of the bonds of the county of Leavenworth made and issued to the Union Pacific Eailroad Company on the 1st of August 1865. The action was tried by the court below without a jury, at the May Term…
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Error from Leavenworth Eistrict Court. On the 20th of March 1874, Higginbotham commenced his action in the district court against the plaintiff in error, to recover the principal and interest due on bonds numbered 33, 34, 68 and 77 of series B, and 32, 33, 68, 98 and 104 of series C, of the bonds of the county of Leavenworth made and issued to the Union Pacific Eailroad Company on the 1st of August 1865. The action was tried by the court below without a jury, at the May Term 1874. Special findings of fact were made and found, and judgment thereupon rendered in favor of Higginbotham for…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
i. DeM not paid by mere levy of taxes. This was an action brought by John Higginbotham against Leavenworth county on certain bonds issued by said county to the Union Pacific Eailway Co. The county says in its brief in this court, that it “rests its defense upon two different theories — first, that the pretended bonds sued on are [were] void ah initio, and have never been so ratified as to become the bonds of the county; second, but if valid, still that the county had levied and caused ' pi ~ to be collected taxes for the express purpose…
2Cases cited5 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Division of Howard CountySupreme Court of Kansas · 1875
- Hunter's Adm'r v. Ferguson's Adm'rSupreme Court of Kansas · 1874
- Ogden v. WaltersSupreme Court of Kansas · 1873
- Morris v. Commissioners of Morris Co.Supreme Court of Kansas · 1871
3Cited by33 opinions
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- Harris v. ShanahanSupreme Court of Kansas · 1963
- State ex rel. Attorney General v. FrancisSupreme Court of Kansas · 1882
- State Ex Rel. Scarborough v. RobinsonSupreme Court of North Carolina · 1879
- Chicot County v. DaviesSupreme Court of Arkansas · 1882
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