Hodgden v. Comm'rs of Ellsworth Co.
Supreme Court of Kansas
Error from, Ellsworth District Court. The action below was brought by Hodgden and three-others, citizens and tax-payers of Ellsworth county, to enjoin the Board of County Commissioners of said county from issuing $12,000 of the bonds of said county previously voted for the purpose of building a court-house. A temporary injunction was granted, and afterward, on motion, said injunction was dissolved.
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Error from, Ellsworth District Court. The action below was brought by Hodgden and three-others, citizens and tax-payers of Ellsworth county, to enjoin the Board of County Commissioners of said county from issuing $12,000 of the bonds of said county previously voted for the purpose of building a court-house. A temporary injunction was granted, and afterward, on motion, said injunction was dissolved. The only question determined in this court is one of practice, and the opinion sets forth sufficiently the-facts and proceedings upon which such question arises.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 24th of July 1872 the judge of the 14th district sitting at chambers dissolved a temporary injunction theretofore granted by him, and on application gave thirty days in which to make a case for this court. A paper purporting to be a case made was prepared and filed in the district clerk’s office within the thirty days. This so-called case was never signed or settled by the judge, but in lieu thereof this stipulation appears at the close:
“This case and exceptions is agreed to be correct.
“S. Atwood, Attorney for Defendants.
“Theodore…
2Cases cited2 opinions
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- In re NorrisSupreme Court of Kansas · 1899
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