Home State Bank v. School District No. 17

Citations

• 102 Kan. 98
• 169 P. 202
• 1917 Kan. LEXIS 228

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Reference' — Findings^of Referee Confirmed — Findings of Fact Conclusive. Where a defendant files a motion asking the court to approve and confirm the findings of fact made by a referee, and to set aside the referee’s conclusions of law, and the court confirms and ap- ; proves both the findings of fact and conclusions of law, the defendant •cannot question the correctness of the findings of fact.</p> <p>2. School Warrants — Drawn on Empty Treasury — Warrants Became Floating Debt. The fact that at the time a school warrant is issued there are no funds in the hands of the treasurer with which to pay it, does not render the warrant illegal or void. When the warrant is presented for payment, it becomes the duty of the treasurer to indorse it “Not paid for want of funds,” and it then becomes a floating debt of the district.</p> <p>3. Same — Action on Warrants — Pleadings—Departure. Where the answer of a school district to an action upon school warrants pleads that the warrants were unlawfully issued and are without consideration and void, a reply which alleges that the defendant received and used the property and services for which the warrants were issued, that the acts of its officers in issuing the warrants were ratified by the electors' of the district, and that defendant is estopped to question the validity of the warrants, does not set up a new cause of action nor constitute a departure.</p> <p>4. Same — Assignment—Rights of Assignee. By the assignment of a school warrant the assignee becomes the owner of whatever claim the original holder had against the district for the indebtedness evidenced by the warrant.</p> <p>5., Same — Amount of Judgment. In an action on a school warrant which has been issued for a sum in excess of the amount due the creditor, but which is otherwise legally issued, the court may properly give judgment for the amount actually due on the indebtedness evidenced by the warrant.</p>