The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-12-25

No. l5s6-Ssmual ION sldsOn VS. The Board
oi county mmisaion, rs OF o~ard coun
ty-Error firm howaId eouniy-Rsveiseu.
BY THE COURT: HORTON, c. J..
/. Where County Attorney in 1874 brought
an action ih favor OF his county against n de-
fault u unity Treasure and mis- suretie-
for moneys The Treasurer had received by
virtue OF ms Office, and attached, IN the &C.
ton, certain Zeal and personal property OF the
Treasurer, and af.er the commencement O1
the legal proceed lngs, there WAS n settlement
and compromise of the suit between the
Board oil County Commissioners and sucn
Treasurer, attributable soley 10 the pt nding
litigation, which rett emeni the IOu ,ty At
tOrnry assisted TO make, and thereby, over
SiX thousand dollars in money were paid 10
the county by the Treas or. and, also, large
amounts OF county scrip, cattle ard other
property received upon the Indebtedness
sued for, bat ~hicn cattle aud otter property
had not been converted into mouev ut The
commencement Of the action Held, the
County Alto ney ~ emitted TO ten pr cent.
on all the money collected, bu' comm issions
are not allowable on the cou.ty scrip, cattle
and other properly
All the Justices concurring.
A true copy. Attest: I. J. BROWN.
IL Clerk Supreme Court.
No I,697-John Brooks VS. Il Ksger ct al
Esror from CoSl=y county. Affirmed.
BY THE COURT. VALENTINE,
In an acnon by against K TO ell join K ,as
County easurer, nom coiiectins a certain
lie al ,ax, Judgment WAS rendered against h
for COTS then TO prevent his property
from being seized, paid said taxes and costs
b tuen toDS the case N the supreme Court,
where laid tu, gmeut WAS reversed and Fhe
cause being remanded to the district Court
b. with leave of the Court, d led q suppieme-
mental petition, se'tlng up mis- two new
causes OF action for taxes and costs paid , and
making the Boar OF County Commis-io ners
parties defenuant.s The Court Then, on mo.
OF the defendant, struck said sup iemeptal
p ution from the d Is OF the case, Held, not
error.
All the justices concurring.
sue cop. At'es'; 81; Brown.
No 1,sss.-Kansas Pacific Railway Co. VI
Thomas ] An. erson.-Error from shaw.
nee Oounty.-Afdrmed.
BY THE CcuKr HORTON. Gu.
against A.. formerly its agent, on an account
stated A. fled An answer containing q sen-
erSl denial. On the trial, the plaintiff read
the com psny dated Feorusry nth, isss pro- o.
posing TO pay every dollar Of the d, fxuIcs-
tson Of one B. to the amount Of 81, $50 IL, II he
had time ana st s tner. 1 that MS Ssna.
balance OF q $40 o. would have 70 be reported
in bis Fs bruAi account. And he produced,
as a witness. the Auditor one 8. Who testified
the arco ant sued on was furnished them by
him {, A. on March 2lst, ls7se thst =. went
out OF once on February I4t' 1874; that he
met in regard 70 the account three or four
times: that the account included the whole
Of February 1874; that he saw the account in
his possesst n and that he made no objection
Ia Il: that seN ersl other statement of &c
cou & we're sent A before aiss after March 2lst,
1874; that they were not all like the one
SUED on: that those after March 2ist, were
different and that these statements were
given rs . matter of informstion:-Held
established by the testimony and therefore,
not error for the Dietrict Court to submit the
question in the case to the Jury, and further
held, on return OF q verdict by the Jury for
the defendant A and the rendition thereon
Of q Judgment for costs in favor OF A.-tais
Court will not set aside juj xment on the
ground that the verdict Is contrary 10 the
evidence
All the justices concuripg.
A true copy. Attest: CD. BRowH,
L. 81 Clerk Supreme Court.
No. l5s0-The Atch son. Topeka santa Fe
Railroad Company VS. John Frank!in, q
minor, by Wilson franklin. hts mex friend
Error from Marion colnfy-Afirmed.
By rHk CouKr. VALENTINE, J.
I. II IL not substantial error for the Dis
trict Court 10 discnarxe Q juror during the
though the juror msy be disch 'reed fCr an
insufficient reason, where ah unexceptiODa
Die jury Is Afterwards obtained. and where
any party complaining has not exhausted
A fss .. AaS q aans. With re,.re.o. to
giving and refusing tnstrucsions In evil
casss' ana reducing tns same 70 writing. y q