Chicago, Kansas & Western Railroad v. Makepeace

The opinion of the court was delivered by

Horton, C. J.:

This is an action in mandamus, to compel the officers of Augusta township to issue $15,000 of town*677ship warrants, or scrip, voted to aid in the construction of the Chicago, Kansas & Western Railroad, in pursuance of a subscription made by the township under the act entitled “An act to enable counties, townships, and cities to aid in the construction of railroads, and to repeal §8 of chapter 39 of the laws of 1874,” which took effect February 29,1876, and amendments thereto. In pursuance of an order of the board of county commissioners,…