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10-808. Redemption of no-fund warrants; duties of county treasurer; call. It shall be the duty of the county treasurer to set apart the money received from tax levies made to redeem no-fund warrants that have been registered in compliance with the provisions of K.S.A. 10-807; and it shall be the duty of the county treasurer to publish in the official county paper between the 1st and 15th days of February and August in each year, a call for the redemption of such no-fund warrants as can be paid; and in making such call and publishing the same as hereinbefore provided, it shall be necessary only for such treasurer to give the register numbers of the earliest and latest warrants which are to be paid, with the additional statement in said call, however, that all warrants which have register numbers thereon between the numbers in this call made will be and are subject to redemption from the date of this call, and interest shall cease on each of said warrants on and after such publication.

History: L. 1891, ch. 249, § 8; L. 1905, ch. 524, § 1; R.S. 1923, § 10-808; L. 1968, ch. 375, § 10; July 1.

Source or prior law:

L. 1887, ch. 241, § 3.

CASE ANNOTATIONS

1. No funds available for payment; statute of limitations no defense. School District v. Bank, 63 Kan. 668, 670, 66 P. 630.

2. Statute of limitations; funds must be available to start statute. Hubbell v. South Hutchinson, 64 Kan. 645, 68 P. 52.

3. Refusal of payment by treasurer; estoppel to prove funds available. Hubbell v. South Hutchinson, 64 Kan. 645, 68 P. 52.

4. Misrepresentations by officers; estopped from pleading statute of limitations. Hubbell v. South Hutchinson, 64 Kan. 645, 68 P. 52.

5. Invalidity of warrant as defense; burden of proof on municipality. Hubbell v. South Hutchinson, 64 Kan. 645, 68 P. 52.

6. Statute begins to run after funds available and call issued. Seward County v. Shepherd, 71 Kan. 61, 62, 80 P. 36.

7. Statute of limitations; rule hereunder not applicable to bonded indebtedness. Schoenhoeft v. Kearny County, 76 Kan. 883, 92 P. 1097.

8. Cited; county warrants not paid for want of funds draw legal interest. First Nat'l Bank v. Wabaunsee County Comm'rs, 145 Kan. 552, 556, 66 P.2d 558.


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