The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-07-13

No. 21.3s1.
The State of Kansas on the relation of S.
NJ Brewster, Attorney General of the
State of Kansas, Appellee,
The Board of County Commissioners of the
County of Wyandotte, State of Kansas,
Appeal from wyandotte County.
Division No. 3.
AFFIRMED.
Syllabus. By the Court. Porter j.
1. In estimating the amouac of the out
standing indebtedness of a county to as
certain the one per cent limit beyond which
1t may not issue bonds (Secs 1 and p
Chapter 81. Laws of 1909; Secs 623 and
644l Gen Stat. 1915. refundtng bonds are
thorize their exclusion.
2. Section of Chapter CO. Laws of 1909.
per cent of the taxable property of the
county is to be construed together with
Chapter 81, Laws of 1909. relating to pub
lie bridges in certain counties, and so con
strued. it is held that certain bonds issued
by Wyandotte county in payment of the
cost of raising. lengthening and recon
structing bridges over the Kansas river
to meet the requirements of the war de
partment of the United States and of the
kaw Valley Drainage Board are not to be
counted in aseertaining the limit of in
debtedness which the county NAV lawfully
incur.
All the Justices concurring.
true copy.
Attest: d. A. VALENTINE.
tSeal) Clerk Supreme Court.
No. 21334
No. 20.4Ss left undecided
The La Sale Street Trust & Savings Bank
of Chicago. Illinois; The New England
National Bank of Kansas City Missouri;
peka, Kansas; The Merchants National
Bank of Topeka. Kansas. and The Shaw
nee State Bank, of Topeka, Kansas,
The Topeka Milling Company Daphne S
Shepard, Intervenor), Appellant.
Appeal from Shawnee County.
REVERsED
Syllabus. By the Court West. 7.
l. When a stakeholder has satisfied all
his obligations as such and here remains
or liability growing out of his relation as
stakeholder and he is in good faith a
creditor Of the corporation he stands on
an equal footing with other creditors and
has the same right to treat the corporation
as a stranger and adversary as they have
Under such circumstances he Is not re-
quired to stand back until other creditors
satisfied but may proceed along with
them on equal terms
shown by the record it is held that the
intervenor be nermitted to share equally
corporate property appropriated and sold
All the Justices concurring
Attest: d. A. VALENTINE,
(Seai) Clerk Supreme Court
No. 81 .s07.
Eph Larson and Matt Sweet Appellees
vs..
The City of Ottawa. Appellant
Appeal from Franklin County.
REVERSED.
Syllabus By the Court Johnston. c. J.
An addition to a city of the second class
was plated into parcels that were 1896
feet long and 4o95 feet wide, the ends of
which abutted upon street that was
about to be paved. The assessment for the
pavement was extended by the city author
tiles to the center of the tract abutting
on the street. N a controversy as to the
validity of the assessment it is held that
the addition must be regarded as plated
land and as the tract in question in the
addition is surrounded by streets 1t is
held that it constitutes n block within the
meaning of the statute relatfnL to assess
ments although it is much larger than
other blocks within the city and therefore
the extension of the assessment to the