City of Wichita v. Board of County Commissioners

The opinion of the court was delivered by

Dawson, J.:

The city of Wichita in this action sought to recover from Sedgwick county for certain necessary charges and expenses incurred and paid by the city during an epidemic of smallpox in 1917 and 1918. The city’s itemized and verified bill for reimbursement was presented to the board of county commissioners of Sedgwick county for payment. Payment was refused. Hence this lawsuit.

The trial court gave judgment for the defendant upon the pleadings and certain agreed facts, and the case is here for review.

The pertinent statute reads:

“Whenever smallpox…