State v. City of Lawrence
Supreme Court of Kansas
Error from Douglas district court; Charles A. Smart, judge. STATEMENT. This action was begun in the district court of Douglas county on the first day of March, 1898. It was brought by the attorney-general, for and on behalf of the state, and for the benefit of the state permanent school fund, and in pursuance of a resolution and order of the board of commissioners for the management and investment of the school fund.
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Error from Douglas district court; Charles A. Smart, judge. STATEMENT. This action was begun in the district court of Douglas county on the first day of March, 1898. It was brought by the attorney-general, for and on behalf of the state, and for the benefit of the state permanent school fund, and in pursuance of a resolution and order of the board of commissioners for the management and investment of the school fund. The purpose of the action is to recover from the city of Lawrence a sum aggregating more than $200,000 upon bonds issued by that city in 1870 and 1871 in aid of the state…
1ConcurrenceBenson, J.
(concurring specially) : I concur in the propositions enunciated in the first, sixth, seventh, eighth and ninth paragraphs of the syllabus, and dissent from the others, especially from paragraph 5, which holds that the act of 1870 under which the bonds in question were issued is valid. I believe it to be void. The act of 1870 is a special act conferring corporate power upon the city of Lawrence. That it is special seems incontestable ; it relates to that city alone, and authorizes one particular act. That it is special in form and that it confers corporate power is conceded in the opinion -…
2Cases cited24 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Beach v. LeahySupreme Court of Kansas · 1873
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
- Butz v. City of MuscatineSupreme Court of the United States · 1869
- Bucklin v. StateOhio Supreme Court · 1851
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