Comm'rs of Sedgwick County v. Bailey
Supreme Court of Kansas
Original Proceedings in Mandamus. On the 6th of November 1873 the plaintiff made application to the Chief Justice of this court for an alternative writ of mandamus.
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Original Proceedings in Mandamus. On the 6th of November 1873 the plaintiff made application to the Chief Justice of this court for an alternative writ of mandamus. Said application was based on the affidavit of the county attorney of Sedgwick county, alleging among other things, 'that the entire length of the Wichita & Southwestern Eailroad between the town of Newton and the town of Wichita is 26J miles; that when said railroad was constructed it was wholly within Sedgwick county; that by § 5 of ch. 97 of the Laws of 1872, (approved 'February 29th, Laws of 1872, p. 184,) a portion of said…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On March 3d 1868 an act of the legislature was passed entitled “An act defining the boundaries of counties.” (Gen. Stat., 228.) Under this act the boundaries of 79 counties were defined and established. In 1872 another act was passed entitled, “An act amendatory and supplemental to an act entitled ‘An act defining the boundaries of counties,’ approved March 3d 1868.” (Laws of 1872, page 183.) Under this act the boundaries of four counties were defined and established. Two of these counties were created by the act, and the other two simply…
2Cases cited1 opinion
- Commissioners of Sedgwick County v. BaileySupreme Court of Kansas · 1873
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