Ward v. Piper

Citations

• 69 Kan. 773
• 77 P. 699
• 1904 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COUKT.</p> <p>1. Mandamus—Courts Cannot Control Discretion of Tax Officers. The law confides in certain officers the discretion to determine the extent of the levy, and the amount of money necessary, to meet the current expenses of municipalities, and the courts cannot supervise or control such discretion.</p> <p>2. - Judgment against Township—Necessary Showing. Mandamus will not lie to compel the payment of money raised by township officers for current expenses upon bonded indebtedness, or upon judgments based on such indebtedness, where it does not appear that the indebtedness arose out of the ordinary expenses of the township, or that the fund raised for current expenses is more than sufficient for that purpose.</p> <p>■3. -- Merger of Bonds into Judgment does not Change Character of Indebtedness. The fact that interest coupons on ■bonds of a municipality are merged in a judgment does nót affect '■the character of the indebtedness, and the holder of such judgment is entitled to have funds raised by taxation to pay interest on bonds applied to the payment of the judgment.</p> <p>4. - Bights of Other Creditors Immaterial. In an action .to compel municipal officers to pay such judgment from a fund so ■provided, it is not competent for the officers to defend on the .ground that there are other creditors entitled to share in the fund. The court will not attempt to protect or enforce the rights ■of those who have not intervened in the action nor otherwise invoked its aid.</p>