Nation v. Tulley

Citations

• 86 Kan. 564
• 121 P. 507
• 1912 Kan. LEXIS 340

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. State Auditor — Registration of Public Utility Bonds — Fees. Section 744 of the General Statutes of 1909 requires registration with the state auditor of public utility bonds issued by cities, “and said auditor shall be entitled to a fee. of not exceeding fifty cents for each bond so registered in his office.” Held, that such fees collected by the plaintiff when auditor belonged to him and he was not required by section 9007 of the General Statutes of 1909 to account for or turn them over to the state treasurer.</p> <p>2. Fees — Paid to State Treasurer by Mistake — Recovery Back. The plaintiff, while holding the office of state auditor, collected such fees and by mistake paid them to the state treasurer who credited them to the general fund. An act appropriating to the plaintiff the sum so paid, on condition that his right thereto first be determined by this court, was passed by the legislature and such appropriation was vetoed; the veto message inierentially expressing a willingness that the plaintiff’s right to the money should he judicially determined. Held, that permission to sue the state or exemption from suit not having been expressly given or waived the plaintiff should look to the legislature rather than to the court for relief.</p>