Superior Grade School Dist. 110, Marion County v. Rhodes

Decision Date29 January 1938
Docket Number33606.
Citation75 P.2d 251,147 Kan. 29
CourtKansas Supreme Court

Syllabus by the Court.

The provisions of budget act that funds raised by budget should not be used for other purposes and that payments for purposes not provided for in budget are void are in harmony with constitutional provision requiring state debts to be authorized by law for some specified purpose, and should not be disregarded. Gen.St.1935, 79-2934, 79-2935; Const. art 11, § 5.

The provision of budget act that an official violating it should be subject to removal from office did not preclude school district treasurer from being held personally liable to school district for void disbursements of school district funds. Gen.St.1935, 79-2936.

Where expenditure of school district funds by treasurer of common school district for use in building a swimming pool under agreement with a federal agency and officers of nearby city had not been provided for by budget, payment was unlawful and void as to school district, notwithstanding that treasurer's report showing expenditure was approved at next annual school district meeting. Gen.St.1935, 79-2934 79-2935.

Where payment of school district funds by district treasurer was void as to district because expenditure had not been provided for by budget, school district was entitled to recover against treasurer and his bondsmen for the sum so paid. Gen.St.1935, 79-2934, 79-2935.

The treasurer of a common school district paid out money of the district for a purpose for which it had not been raised. Held: (1) The payment was unlawful and void as to the school district. (2) The school district, in an action brought for that purpose, rightfully was given judgment against the school district treasurer and his bondsmen for the sum so paid.

Appeal from District Court, Marion County; C. M. Clark, Judge.

Action by the Superior Grade School District No. 110, Marion County Kan., by C. L. Hawkins and others, against J. F. Rhodes Treasurer of the Superior Grade School District No. 110 of Marion County, Kan., and others to recover money alleged to have been unlawfully paid out of funds of district. Judgment for plaintiffs, and defendants appeal.

Matt Guilfoyle and Thornton D. Scott, both of Abilene, for appellants.

W. H. Carpenter, W. R. Carpenter, and John E. Wheeler, all of Marion, for appellees.

HARVEY Justice.

This was an action by a common school district to recover from its treasurer and his bondsmen $450 which it is alleged he paid unlawfully out of the funds of the district. A jury trial was waived. The trial court made findings of fact and conclusions of law and rendered judgment for plaintiffs. Defendants have appealed.

The facts are not seriously controverted and may be stated as follows: Common School District No. 110, in Marion County, covers quite an area in Colfax Township, the school building being near the Town of Tampa, a city of the third class. On the other side of the township road, and a few hundred feet from the school grounds of the common school district, are the school grounds and building of a rural high school district. In 1935 the officers of School District No. 110, proceeding under the statutes relating thereto, prepared a budget and certified the same to the county clerk. This listed sums needed for teachers' salaries and supplies, other salaries and supplies, fuel, light, and water, a nominal sum for new equipment, and $126.92 for miscellaneous purposes. The budget did not provide for raising any money for new land and buildings, or for playground equipment.

In January, 1936, the NYA, an agency of the federal government and the officers of the rural high school district entered into a written agreement to build a swimming pool on or near the rural high...

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7 cases
  • Farmers Bank & Trust v. Homestead Cmty. Dev.
    • United States
    • Kansas Court of Appeals
    • October 2, 2020 its treasury "for the purpose of buying the helicopter." 296 Kan. at 511, 293 P.3d 713. In Superior Grade School Dist. No. 110 v. Rhodes , 147 Kan. 29, 30-31, 75 P.2d 251 (1938), the court held that the payment by the school district for building a swimming pool was unlawful and void bec......
  • State ex rel. Lester v. Baker
    • United States
    • Kansas Supreme Court
    • March 6, 1943
    ... ... 439 STATE ex rel. LESTER, County Attorney, v. BAKER et al (three cases). Nos ... County v. School District, 139 Kan. 297, 31 P.2d 723, ... and ... district officers and their bondsmen. Superior Grade School ... District No. 110 v. Rhodes, 147 ... ...
  • J.D. Adams Co. v. Dor Tp., Smith County
    • United States
    • Kansas Supreme Court
    • May 10, 1941
    ...trial court properly held the payments illegally made by the township officers could be recovered by the township. Superior Grade School District No. 110 v. Rhodes, supra. principle upon which municipalities are permitted to recover illegal payments is that such payments cannot be regarded ......
  • Fulk v. School Dist. No. 8 of Lancaster County
    • United States
    • Nebraska Supreme Court
    • April 18, 1952
    ...instrument of payment. Other authorities relied on are City of Blair v. Lantry, 21 Neb. 247, 31 N.W. 790; Superior Grade School District No. 110 v. Rhodes, 147 Kan. 29, 75 P.2d 251; City of Lowell v. Massachusetts Bonding & Ins. Co., 313 Mass. 257, 47 N.E.2d 265, 146 A.L.R. 750; Chicago Par......
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