A. T. & Santa Fé Railroad v. Comm'rs of Jefferson Co.
Supreme Court of Kansas
Original Proceedings in Mandamus. This action was commenced in this court in September 1872. On the return of the alternative writ of mandamus, the defendants moved to quash the writ because the action was brought in the name of “The State of Kansas,” as plaintiff, instead of the Railroad Company, the real party in interest. This motion was sustained at the January Term 1873; (11 Kas. 66.) The proper amendment being made, the defendants answered, setting up several defenses.
Read the full summary
Original Proceedings in Mandamus. This action was commenced in this court in September 1872. On the return of the alternative writ of mandamus, the defendants moved to quash the writ because the action was brought in the name of “The State of Kansas,” as plaintiff, instead of the Railroad Company, the real party in interest. This motion was sustained at the January Term 1873; (11 Kas. 66.) The proper amendment being made, the defendants answered, setting up several defenses. One of these defenses was res adjudícala — alleging and setting forth a decree rendered by the United States circuit…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a proceeding in mandamus, brought originally in this court, to compel the issue of one hundred *32and fifty thousand dollars of the bonds of defendant in payment of a subscription of a like amount of the capital stock of the plaintiff. The vote on the question of subscribing this stock and issuing these bonds was had on the 7th of January 1868, and the canvass by the county commissioners showed a majority in favor of the subscription and the bonds. The defendant challenges that vote, claims that a large number of illegal votes were…
2Cases cited7 opinions
- Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1873
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- McMillen v. BoylesSupreme Court of Iowa · 1858
- McMillen v. County Judge of Lee CountySupreme Court of Iowa · 1858
- Napa Valley Railroad v. Board of SupervisorsCalifornia Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State v. MorganSouth Dakota Supreme Court · 1891
- Territory of Oklahoma Ex Rel. Sampson v. ClarkSupreme Court of Oklahoma · 1894
- Moberly v. RothSupreme Court of Oklahoma · 1909
- Olson v. FlemingSupreme Court of Kansas · 1953