Legal Opinion

Philpin v. McCarty

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 23 opinions

Original Proceedings in Mandamus. Mandamus, brought in this court by Philpin and three" others, against McCarty, county superintendent of public instruction of Ford county.

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Original Proceedings in Mandamus. Mandamus, brought in this court by Philpin and three" others, against McCarty, county superintendent of public instruction of Ford county. May 28,1880, an alternative writ was issued, and directed to the defendant — the body of the writ being as follows: “Whereas, it has been suggested and made to appear to the court, upon the information and affidavit of T. J. Philpin, J. B. Smyth, Henry W. Crow, and N. B. Adams, that you were the duly elected, and are now the acting superintendent of public schools of Ford county, Kansas, and that they each settled upon and…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an original action, brought by the plaintiffs against the defendant, who is superintendent of public schools for Ford county, Kansas, to compel him to act 'upon a petition presented to him by over twenty householders of Sequoyah county, an unorganized county attached to said county of Ford for judicial purposes, to expose for sale certain school land in said Sequoyah county, to wit: A part of section 16, township 24, south, range 32, west, under §193, ch. 92, Compiled Laws 1879. To the alternative writ, defendant filed a motion to…

2Cases cited15 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
  3. Bowman v. CockrillSupreme Court of Kansas · 1870
  4. Board of Supervisors of Schuyler County v. People ex rel. Rock Island & Alton RailroadIllinois Supreme Court · 1860
  5. Brandon v. StateIndiana Supreme Court · 1861

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3Cited by23 opinions

  1. State v. BarrettSupreme Court of Kansas · 1882
  2. State Ex Rel. Fatzer v. Kansas Turnpike AuthoritySupreme Court of Kansas · 1954
  3. State ex rel. Jackson v. Board of County CommissionersSupreme Court of Kansas · 1908
  4. State v. ThomasSupreme Court of Kansas · 1906
  5. West Plains TP. v. SageCourt of Appeals for the Eighth Circuit · 1895

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