Legal Opinion

State ex. rel. Attorney General v. Board of County Conmissioners

Supreme Court of Kansas

Decided September 15, 1863PublishedCited by 3 opinions

Motion for writ of Mandamus. The opinion of the court contains a sufficient statement of tlie facts. This case presents the question whether Atchison county is delinquent, within the intent of the act of February 24th, 1863. The legislature of 1863 seems to have intended to provide means of paying the territorial creditors, and collecting the territorial credits. With this intention in view we are to consider the extent of purpose of this act.

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Motion for writ of Mandamus. The opinion of the court contains a sufficient statement of tlie facts. This case presents the question whether Atchison county is delinquent, within the intent of the act of February 24th, 1863. The legislature of 1863 seems to have intended to provide means of paying the territorial creditors, and collecting the territorial credits. With this intention in view we are to consider the extent of purpose of this act. The language is, that those counties which have failed to levy and-collect, thus stating in express terms that collection, as well as a levy, is…

1Opinion of the Court

By the

Court, Cobb, C. J.

This is a motion for a mandamus to compel the defendants to levy and collect, with the taxes for the year 1863, an additional sum of five thousand three hundred and twenty-seven dollars and ten cents, for a balance of-territorial taxes imposed upon the people of that county in the years 1858, 1859 and 1860. It appears from the papers, upon which the motion is founded, that such a balance of said taxes remains yet unpaid into the state treasury, and this is all the evidence given of any default of the county commissioners of Atchison county, or of any one in regard to…

2Cited by3 opinions

  1. City of Lawrence v. KillamSupreme Court of Kansas · 1873
  2. Morrill v. DouglassSupreme Court of Kansas · 1875
  3. City of Anthony v. CutlerSupreme Court of Kansas · 1923

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