Repealed

13-1403. History: L. 1903, ch. 122, § 173; L. 1905, ch. 113, § 1; R.S. 1923, § 13-1403; Repealed, L. 1963, ch. 90, § 1; June 30. Source or prior law: L. 1881, ch. 37, § 103. CASE ANNOTATIONS 1. City commissioner guilty of malfeasance, officer de facto until removed. Humphrey v. City of Pratt, 93 Kan. 413, 144 P. 197. 2. Bond election called by de facto officer cannot be attacked collaterally. Humphrey v. City of Pratt, 93 Kan. 413, 144 P. 197. 3. Incurring of expense for election, not contracting of debt hereunder. The State, ex rel., v. City of Hutchinson, 93 Kan. 405, 412, 144 P. 241. 4. Not essential to wait until tax is actually levied. Gardner v. City of Leavenworth, 94 Kan. 509, 514, 515, 516, 146 P. 1000. 5. Section relates only to matters within official control of officers. The State, ex rel., v. Bentley, 98 Kan. 442, 443, 157 P. 1197. 6. Legislature may impose duties creating liabilities outside discretion of officers. The State, ex rel., v. Bentley, 98 Kan. 442, 443, 157 P. 1197. 7. Mayor of city may be compelled to call special election. The State, ex rel., v. Bentley, 98 Kan. 442, 443, 157 P. 1197. 8. Taxpayer may enjoin renting of memorial building. Darby v. Otterman, 122 Kan. 603, 605, 252 P. 903. 9. Suit by taxpayer for benefit of all not res adjudicata; when. Alber v. Kansas City, 138 Kan. 184, 195, 25 P.2d 364. 10. Taxpayer who is unaffected cannot enjoin renting of memorial building. Rodenbeck v. Darby, 139 Kan. 759, 761, 33 P.2d 306. 11. Taxpayer may enjoin illegal condemnation proceedings and assessment of benefits. Barger v. Kansas City, 146 Kan. 347, 348, 349, 359, 70 P.2d 5. 12. Taxpayer may not raise question which does not affect his taxes. Drenning v. City of Topeka, 148 Kan. 366, 81 P.2d 720. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026