Harvey v. Board of Commissioners
Supreme Court of Kansas
Error from, Rush District Court. Action by Alexander Harvey, treasurer of Rush county, Allen McCann, county clerk of said county, and F. C. RrooJcs, superintendent of public instruction of said county, against The Board of Commissioners of that county, upon the followign agreed statement of facts: “It is agreed By the parties hereto that the following are the facts in the case, to wit: “1. That, the county of Rush is a duly and regularly organized county in pursuance to the…
Read the full summary
Error from, Rush District Court. Action by Alexander Harvey, treasurer of Rush county, Allen McCann, county clerk of said county, and F. C. RrooJcs, superintendent of public instruction of said county, against The Board of Commissioners of that county, upon the followign agreed statement of facts: “It is agreed By the parties hereto that the following are the facts in the case, to wit: “1. That, the county of Rush is a duly and regularly organized county in pursuance to the laws of Kansas, and has been such, for more than five years last past. “ 2. That each of the above plaintiffs now holds…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The objections to the constitutionality of chapter 110, Laws of 1883, are not tenable, and are disposed of in Comm’rs of Norton County v. Shoemaker, 27 Kas. 77.
It is further insisted, however, that said act of 1883 is not controlling as to the salaries of the plaintiffs, because it is retroactive in its character, and is in conflict with § 10, art. 1, of the constitution of the United States inhibiting the state from passing a law impairing the obligation of contracts. The argument is, that the election and qualification of a county…
2Cases cited5 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- State ex rel. Attorney-General v. DavisSupreme Court of Missouri · 1869
- Hyde v. StateMississippi Supreme Court · 1876
- Board of Commissioners v. ShoemakerSupreme Court of Kansas · 1882
- Farwell v. City of RocklandSupreme Judicial Court of Maine · 1872
3Cited by6 opinions
- Rathbone v. Board of Com'rsCourt of Appeals for the Eighth Circuit · 1897
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
- State ex rel. Bradford v. CrossSupreme Court of Kansas · 1888
- Miller v. Board of County CommissionersSupreme Court of Kansas · 1937
- Wilkerson v. Belknap Savings BankSupreme Court of Kansas · 1894
1 more not listed; retrieve them via the Exa API.