State ex rel. McCormick v. Fishback

Citations

• 102 Kan. 178
• 171 P. 348
• 1917 Kan. LEXIS 245

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ouster — Clerk of City Court — Retaining Fees and Collections — Petition States Cause of Action. A petition which alleges facts sufficient to show that, under section 3310 of the General Statutes of 1915, it was the legal duty of the clerk of the city court of Wichita to pay into . the county treasury certain costs that had been collected by him, and which alleges a willful failure to perform that duty, states a cause of action under section 7603 of the General Statutes of 1915.</p> <p>2. Same — Misunderstanding of Statute — No Defense to Ouster Proceedings. A misunderstanding of the operation of section 3310 of the General Statutes of 1915 and of chapter 133 of the Laws of 1917, when neither statute is complied with, is not a sufficient excuse on the part of the clerk of the city court of Wichita for his failure to pay to the county treasurer costs that should have been so paid on the first Monday of August, 1917.</p> <p>3. Same — Former Prosecution for Similar Offense — Matters Res Judicata. A judgment rendered in favor of an officer in an action prosecuted under section 7603 of the General Statutes of 1915 is a bar to any further prosecution under that statute as to all acts that were included in the petition at the time it was filed, but it is not a bar to a prosecution for acts which occurred after the petition was filed, which were not included therein, and which were not passed on in the action.</p>