Sinclair v. Eddy

Citations

• 87 Kan. 45
• 123 P. 873
• 1912 Kan. LEXIS 85

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Illegal Taxes — Conditional Promise to Refund — Limitation of Action. Where a board of county commissioners adopts a resolution providing that if within a fixed period • the supreme court shall decide certain taxes to be illegal, all payments of similar taxes shall be refunded, the statute of limitations upon claims for the recovery of such payments is not thereby suspended, after the period named has elapsed without such decision having been rendered.’</p> <p>2. - Same. An allegation in a petition that after the adoption of such a resolution, and at the time of the commencement of an action involving the controverted question of law, the board of commissioners again announced and agreed that if 'Such action should be decided against the county the illegal taxes collected should be refunded, will be interpreted to mean that the original agreement was confirmed, not that a new one was made.</p>