Hubbell v. City of South Hutchinson

*646The opinion of the court was delivered by

Greene, J.:

The plaintiffs in error sued the defendant in error in the district court of Reno county to recover upon fourteen city warrants issued during the months of November and December, 1888. The defendant pleaded two defenses: (1) The statute of limitations; (2) that the warrants were not issued in pursuance of an ordinance previously passed appropriating money to the payment thereof, and therefore created no liability against the city. The second defense was verified. The cause was tried by the court without the intervention of a jury, and…