Cherokee County Commissioners v. Wilson
109 U.S. 621 (1883)

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U.S. Supreme Court

Cherokee County Commissioners v. Wilson, 109 U.S. 621 (1883)

Cherokee County Commissioners v. Wilson

Submitted December 6, 1883

Decided December 17, 1883

109 U.S. 621

Syllabus

A recovered judgment June 11, 1881, against a township in Cherokee County, Kansas, on bonds issued in payment of a subscription by the township to stock in a railway company. The township had no trustee then or since. An alternative writ of mandamus having been sued out to compel the board of county commissioners for the county to levy a tax sufficient to pay the judgment, and to compel the county clerk to extend the tax when levied, and to compel the county treasurer to collect it when extended, and to pay it to A when collected, judgment was entered for a peremptory writ in accordance therewith. On appeal by the county commissioners,

Held:

1. That by the statutes of Kansas which were in force at that time, it was made the duty of the board of county commissioners of Cherokee County in consequence of the vacancy in the office of trustee of the township, to levy a tax sufficient to pay the judgment recovered by A.

2. That the alternative writ of mandamus was not issued prematurely.

3. That the clerk and treasurer having taken no appeal, the writ of error brought up for review only the objections of the board of commissioners.

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