Legal Opinion

Dobbs v. Stauffer

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 6 opinions

Original Proceedings in Mandamus. Action brought by plaintiffs to compel defendants, who are members of the school board of School District No. 64, Marshall county, Kansas, to rescind an order made by them September 11th, 1879, rescinding an order made by the former school boavd, adopting Cowperthwait & Co.’s school publications for use in the district school; and also to compel them to readopt said publications, and reintroduce them into the school.

Read the full summary

Original Proceedings in Mandamus. Action brought by plaintiffs to compel defendants, who are members of the school board of School District No. 64, Marshall county, Kansas, to rescind an order made by them September 11th, 1879, rescinding an order made by the former school boavd, adopting Cowperthwait & Co.’s school publications for use in the district school; and also to compel them to readopt said publications, and reintroduce them into the school. The parties plaintiff are L. D. Dobbs, who alleges that he is agent for Cowperthwait & Co.’s publications for the state of Kansas; Wm. Thompson,…

1Per curiam

The writ in this ease is fatally defective in failing to show that a demand has been made on the defendants, to do the thing sought by this proceeding to compel them to dó. A demand and refusal are prerequisites to the institution of such proceedings. (The State v. Carney, 3 Kas. 88.)

Again, the several plaintiffs have no identity of interest. Indeed, if any suit can be maintained by the plaintiffs, each plaintiff' can sue alone, and the others are not necessary parties. In whatever aspect we may view the case, the plaintiffs have no joint action. (Hudson v. Comm’rs of Atchison Co., 12 Kas.…

2Cases cited2 opinions

  1. Hudson v. Commiss'rs of Atchison CountySupreme Court of Kansas · 1873
  2. State ex rel. Price v. CarneySupreme Court of Kansas · 1864

3Cited by6 opinions

  1. State v. StannardOregon Supreme Court · 1917
  2. Beeler & Campbell Supply Co. v. WarrenSupreme Court of Kansas · 1939
  3. Omaha Crockery Co. v. CleaverSupreme Court of Kansas · 1919
  4. McGrath v. City of NewtonSupreme Court of Kansas · 1883
  5. People ex rel. Bailey v. City of ChicagoAppellate Court of Illinois · 1918

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API