City of Emporia v. Atchison, Topeka & Santa Fe Railway Co.

The opinion of the court was delivered by

Burch, J.:

The city of Emporia asks for a peremptory writ of mandamus against the defendant in aid of an ordinance to open one of the streets of the city.

The petition states the plaintiff’s case. The answer admits certain allegations of the petition, contains a general denial and alleges matter which it is claimed renders the ordinance void. The plaintiff moves for *612judgment on the pleadings. Consequently only the uncontested portions of the petition and the facts stated in the answer'can be considered.

The passage of the ordinance and the physical…