Legal Opinion

King v. City of Frankfort

Court of Appeals of Kansas

Decided February 14, 1896No. 79PublishedCited by 3 opinions

Memorandum. — Error from Marshall district court; R. B. Spilman, judge. Action upon a city warrant by A. S. King, as receiver of the First National Bank of Frankfort, Kan., against the City of Frankfort. Judgment for defendant. Plaintiff brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Garver, J. :

This was an action, commenced November 7, 1891, upon a warrant issued in favor of J. *531S. Walker by the city of Frankfort, under date of January 1, 1883, for the sum of $94.60, payable January 1, 1884, with interest at the rate of 10 per cent, per annum. A demurrer to the petition was interposed by the defendant, and sustained by the trial court, on the ground that the petition showed upon its face that the action was barred by the statute of limitations. Did the court err in so ruling? This is the only question in this court.

The city warrant…

2Cases cited4 opinions

  1. Hanson v. TowleSupreme Court of Kansas · 1877
  2. Sibert v. WilderSupreme Court of Kansas · 1876
  3. City of Wyandotte v. ZeitzSupreme Court of Arkansas · 1879
  4. Walnut Township v. JordanSupreme Court of Kansas · 1888

3Cited by3 opinions

  1. Heller v. City of Garden CitySupreme Court of Kansas · 1897
  2. City of Garden v. TriggSupreme Court of Kansas · 1897
  3. Buffalo School Furniture Co. v. School Districts Nos. 4, 30 & 40Court of Appeals of Kansas · 1898

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