Summary

Portrait of Morrison Waite Morrison Waite Commissioners v. Sellew — Opinion of the Court

Whenever a judgment is rendered against the board of county commissioners of a county, no execution shall issue, but the judgment 'shall be levied and collected by tax, as other county charges, and, when so collected, shall be paid by the county treasurer to the person to whom the same shall be adjudged, upon the delivery of the proper voucher therefor.' 1 id.
Source: Wikisource

Portrait of Morrison Waite Morrison Waite Commissioners v. Sellew — Opinion of the Court

As the corporation can only act through its agents, the courts will operate upon the agents through the corporation. When a copy of the writ which has been ordered is served upon the clerk of the board, it will be served on the corporation, and be equivalent to a command that the persons who may be members of the board shall do what is required.
Source: Wikisource

Portrait of Morrison Waite Morrison Waite Commissioners v. Sellew — Opinion of the Court

In the State of Kansas counties are bodies corporate and politic, capable of suing and being sued. Their powers are exercised by boards of county commissioners chosen by the electors. The name by which they can sue or be sued is the 'Board of County Commissioners of the County of _____.' In legal proceedings against a county, process is served on the clerk of the board.
Source: Wikisource

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