Weakley v. Cherry Tp.
| Decision Date | 05 January 1901 |
| Parties | WEAKLEY et al. v. CHERRY TP. |
| Court | Kansas Supreme Court |
Error from district court, Montgomery county; A. H. Skidmore, Judge.
Action by Cherry township against T. B. Weakley and others. From a judgment in favor of plaintiff, defendants appeal. Affirmed.
A. B. Clark and P. C. Young, for plaintiffs in error.
A. L. Wilson, for defendant in error.
There was no error in appointing a referee. It is apparent that a jury would have great difficulty in determining the amount of the indebtedness of the treasurer to the township from the voluminous book accounts gone over by the referee. The evidence is all contained in the case-made brought here. We cannot consider its weight. We think, however, it sustains the findings and judgment.
The amount of money for which judgment was rendered was shown to have been received by the township treasurer. It devolved on the defendants below to establish that the amount did not come into the treasurer’s hands during his last term of office. Board v. Munger, 24 Kan. 205; Bernhard v. City of Wyandotte, 33 Kan. 465, 6 P. 617.
It is not shown that the referee was guilty of misconduct. After the hearing before him, he merely looked over bank books and checks which had been received in evidence.The witness with whom he talked was the banker who had custody of the books. Beyond what was contained in the books of the bank, his testimony amounted to nothing. The affidavit for attachment, while not alleging that the trustee was the agent of the township, yet stated facts sufficient to show his authority to make the affidavit. The judgment of the court below will be affirmed.
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