Legal Opinion

State v. City of Lawrence

Supreme Court of Kansas

Decided January 12, 1909No. 14,991PublishedCited by 20 opinions

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…

1Opinion of the Court

The opinion of the court was delivered by

Porter, J.:

The city claims that the act of 1870 (Laws 1870, ch. 21) authorizing the issuance of its *244bonds in aid of the state university is void, and that the act of 1883 (Laws 1883, ch. 42) relieving it from further liability thereon is valid. The state contends that the act of 1870 is valid, and that the compromise act of 1883 is void. The whole controversy, therefore, turns upon the validity of these two acts of the legislature. '

The first objection to the act of 1870 is that it violates section 1 of article 11 of the constitution, which requires…

2Cases cited32 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Williams v. EgglestonSupreme Court of the United States · 1898
  3. State ex rel. Bulkeley v. WilliamsSupreme Court of Connecticut · 1896
  4. Beach v. LeahySupreme Court of Kansas · 1873
  5. City of Atchison v. BartholowSupreme Court of Kansas · 1866

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3Cited by20 opinions

  1. Carroll v. KittleSupreme Court of Kansas · 1969
  2. St. Francis Regional Medical Center v. Blue Cross and Blue Shield of Kansas, Inc.Court of Appeals for the Tenth Circuit · 1995
  3. State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
  4. State v. City of TallahasseeSupreme Court of Florida · 1940
  5. State ex rel. City of Omaha v. Board of County CommissionersNebraska Supreme Court · 1922

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