Columbia Knickerbocker Trust Co. v. Finney

Citations

• 93 Kan. 302
• 144 P. 222
• 1914 Kan. LEXIS 426

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — No Peremptory Writ Issued — Damages Allowed. Under the provisions of section 723 of the civil code, providing for the allowance of damages in actions of mandamus, the court may allow the plaintiff damages sustained without the issuance of a peremptory writ.</p> <p>2. Same — Defaulted City Bonds — Alternative Writ Issued— Bonds Paid — Attorneys’ Fees and Expenses Allowed. The holder of defaulted bonds issued by a city brought mandamus to compel the officers of the city to levy a tax to pay the bonds. An alternative writ issued, and thereafter the city paid the plaintiff the full amount due on the bonds. Held, that the plaintiff is entitled to an allowance of attorneys’ fees and expenses as damages in the action, notwithstanding no peremptory writ issued.</p>