Skinner v. Board of County Commissioners

Citations

• 63 Kan. 557
• 66 P. 635
• 1901 Kan. LEXIS 186

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, Supreme Court — Objectionto Jurisdiction. Where several actions of the same character are consolidated in the district court by consent of all the parties, and are tried through to final judgment without objection, it is too late to object upon review, and the jurisdiction of the supreme court will be determined by the whole amount involved in the new consolidated action.</p> <p>2. Actions against Counties — Presentation of Claims. While the statute provides for the presentation of claims against the county to the board of county commissioners for allowance, it does not require that such claims be presented before an action thereon can be maintained; and, not being a part of plaintiff’s cause of action, it is not necessary for him to plead presentation, nor to prove it in the first instance.</p> <p>3. Practice, Probate Court — Rights and Duties of Sheriff. All writs, orders and other process of the probate court are required to be issued and directed to the sheriff, except that, in the absence or non-attendance of the sheriff, special sheriffs may be appointed by the probate judge to serve such process; but where the sheriff is in his office, ready upon call to serve process when it is issued by the probate judge, and the offices of the sheriff and probate judge are in the same group of buildings, and only about 150 feet apart, there is neither absence nor non-attendance of the sheriff, and the probate judge is without authority to appoint a special sheriff.</p> <p>4. - Special Sheriffs — Fees and Salaries. An unauthorized appointment of a special sheriff and the execution of process wrongfully issued to him will not deprive the sheriff of the emoluments attached by law to his office, and he will be entitled to recover from the county the compensation fixed by law for the service of such process, if the same has not already been paid by the county to the special officer.</p>