Reports of Cases Decided in the Courts of Appeals of the State of Kansas Volume 8

Reports of Cases Decided in the Courts of Appeals of the State of Kansas Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...in the event of failure to comply with its requirements. Plaintiff alleged that by a mistake of facts, that is, by reason of not knowing to whom the said fees lawfully belonged, and because of his fear of the forfeiture and penalties prescribed in the said law, he made the aforesaid payment. He also alleged that he faithfully complied with the provisions of the law as to fees of his oflice, keeping correct, itemized account of all fees received by him, and paying over to the board of county commissioners on the first day of the regular monthly session of said board all of such fees, to be by the said board conveyed into the county treasury as part of the general county fund. The petition did not refer to the plaintiff's salary. Under the law in question, it was provided that the register of deeds should be paid by the county commissioners $100 per month, such payment to be made monthly by an order drawn on the county treasurer by the board. The defendant filed two demurrers, one to the counts alleging the payments first named, and the other to the count alleging the agreement in regard to the December fees. Each demurrer was overruled. The defendant electing to make such action of the court ground for proceedings in error, judgment was rendered in favor of the plaintiff as prayed for. The payments were made without protest or objection; they were entirely voluntary, unless the law itself created duress; that it did not, seems clear under the circumstances of this case. While it is true that failure to comply with the provisions of the statute might have led to a forfeiture of office, yet there was no legal necessity for the defendant in error to occupy that office after the law became operative. When he sought reelection he knew...show more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236934326
  • 9781236934321