Garden City, Gulf & Northern Railroad v. Board of County Commissioners
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. This is an original proceeding in mandamus to compel the defendants to subscribe for certain stock of the plaintiff and to issue railroad-aid bonds in exchange-therefor. The county clerk is ready and willing to. issue the bonds, and has filed a disclaimer.
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Original proceeding in mandamus. STATEMENT. This is an original proceeding in mandamus to compel the defendants to subscribe for certain stock of the plaintiff and to issue railroad-aid bonds in exchange-therefor. The county clerk is ready and willing to. issue the bonds, and has filed a disclaimer. The board of county commissioners has answered to the alternative writ, setting up as a defense that the railroad company failed to comply with the conditions of the contract under which the bonds were voted, and the further-defense, with respect to Valley township, that the election there was…
1Opinion of the Court
*801The opinion, of the court was delivered by
Porter, J.:
From the foregoing statement of facts, about which there is no serious controversy, it is apparent that the plaintiff company has substantially complied with the terms and conditions of its contract. The same question has been frequently before the court, and the principle adopted in the decisions is one which has received the approval of courts everywhere. The principle is well stated in section 851a of volume 2 of the second edition of Elliott on Railroads as follows:
“A condition that the road shall be built for use within a specified…
2Cases cited13 opinions
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Brocaw v. Board of CommissionersIndiana Supreme Court · 1881
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Board of County Commr's. of Day County v. StateSupreme Court of Oklahoma · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- McLeland v. Marshall CountySupreme Court of Iowa · 1924
- Eberhardt Construction Co. v. Board of County CommissionersSupreme Court of Kansas · 1917
- State ex rel. Klitzke v. Independent Consolidated School District No. 88Supreme Court of Minnesota · 1953
- Kansas Power Co. v. City of WashingtonSupreme Court of Kansas · 1937
- Morton v. SutcliffeSupreme Court of Kansas · 1954
1 more not listed; retrieve them via the Exa API.