Kasparek v. Throop

Citations

• 98 Kan. 551
• 158 P. 1114
• 1916 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Sheriff — Tax Warrant — Execution — Bona Fides — No Liability. When, under the provisions of sections 9236 to 9240 of the General Statutes of 1909, a tax warrant regular upon its face is issued by the county treasurer and delivered to the sheriff for execution, the latter if acting in good faith is not liable for damages in executing such war-' rant, whether or not the taxes were properly and legally levied.</p> <p>2. Process — Tax Warrant — Issuance—Execution—Questions Undecided. Whether, under section 9238 of the General Statutes of 1909, a proceeding in court must precede the' issuance of a tax warrant, and whether the execution applies to one who, having removed a portion, of his stock of merchandise from the state, has left sufficient to pay the tax, not decided.</p>