Scott v. Schwab

Citations

• 70 Kan. 306
• 78 P. 443
• 1904 Kan. LEXIS 41

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mandamus — School-lands—County Treasurer’s Duties Ministerial. Where a county treasurer has been presented with a transcript of the record of the judgment of the probate court allowing the person therein named to purchase school-lands, and has received from such person an instalment of the purchase-money and issued his receipt therefor, mandamus will lie to compel the treasurer to accept an instalment of the purchase-money from, and give a receipt to, another who presents a proper transcript from the probate court allowing him to purchase the same lands, and makes a tender of the money. His duties being ministerial, the treasurer can exercise no judicial powers in the premises.</p>