State ex rel. Attorney General v. Board of Commissioners
Supreme Court of Kansas
Original Prooeedings in Quo Warrcmto. On the 8th of May, 1873, the Attorney-General, as relator, filed his duly verified petition in this court, in the name of The State of Kansas, as plaintiff, and against The Board of Gownty Commissioners of the County of Pawnee, George B. Cox, A. H. Boyd, W. S. Patten, and D. A. Bright, as defendants.
Read the full summary
Original Prooeedings in Quo Warrcmto. On the 8th of May, 1873, the Attorney-General, as relator, filed his duly verified petition in this court, in the name of The State of Kansas, as plaintiff, and against The Board of Gownty Commissioners of the County of Pawnee, George B. Cox, A. H. Boyd, W. S. Patten, and D. A. Bright, as defendants. So far as is material here, said petition was as follows: (Caption and Title.) “A. L. Williams, Attorney-General of the state of Kansas, who sues for the said state in this behalf, comes here before the supreme court of said state, and for the said state of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
1. Pleading; demurrer. This is an original action in this court in the nature of quo warranto. The only question necessary to be determined is, whether the county of Pawnee has a valid organization as a county, or not. The question arises uPon a consideration of the plaintiff’s petition, the defendants’ answer, and the plaintiff’s demurrer to the answer. The ground of the demurrer is, that the answer does not state facts sufficient to constitute a defense to the plaintiff’s action. Such a demurrer must always be carried back to all the…
2Cases cited6 opinions
- Beach v. LeahySupreme Court of Kansas · 1873
- Jameson v. PeopleIllinois Supreme Court · 1855
- Anthony v. HaldermanSupreme Court of Kansas · 1871
- Borton v. BuckSupreme Court of Kansas · 1871
- Syracuse City Bank v. DavisNew York Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- State ex rel. Miller v. Common School District No. 87Supreme Court of Kansas · 1947
- City of Winter Haven v. State Ex Rel. LandisSupreme Court of Florida · 1936
- General Building Contractors, L.L.C. v. Board of Shawnee County CommissionersSupreme Court of Kansas · 2003
- Travelers' Ins. v. Township of OswegoCourt of Appeals for the Eighth Circuit · 1893
24 more not listed; retrieve them via the Exa API.