Farmers & Merchants State Bank v. Board of County Commissioners

Citations

• 101 Kan. 37
• 165 P. 870
• 1917 Kan. LEXIS 9

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Live Stock — Diseased Cattle — Appradsed and Killed — Certificate of Live-stock Commissioner — When Open to Attack. In an action against a county- founded upon a certificate issued by the state live-stock commissioner, reciting the condemnation of certain cattle as infected with tuberculosis, and ordering payment to their owner of the amount fixed by the appraisement, such certificate is not open, to attack except on account of fraud, collusion or similar misconduct. (Following Cory v. Graybill, 96 Kan. 20, 149 Pac. 417.)</p> <p>2. Same — No Fraud in Appraisement. In such a case evidence that the appraisers, by advice of the live-stock commissioner, appraised the cattle at their sound value, has no tendency to show fraud or its equivalent.</p> <p>3. Same — Excluded Evidence — No Error. A ruling excluding certain evidence held not to be reviewable because it was not produced at the hearing of the motion for a new trial.</p> <p>4. Same — Pleadings•—Necessary Proof. In such a case it was not necessary for the plaintiff to plead that the cattle were not within certain excepted classes for which no compensation is allowed, nor to prove in the first instance any fact other than the issuance of the certificate.</p>