Legal Opinion

Corporate Powers of Council Grove

Supreme Court of Kansas

Decided July 15, 1878PublishedCited by 7 opinions

Original Proceedings in Quo Warranto. On the 23d of January 1878, M. B. Nicholson, county attorney of Morris county, as relator, brought an action in this court in the name of The State of Kansas, plaintiff, against John Maloy, acting mayor, R. M. Wright, acting police judge, D. J. Keizer, acting marshal, O. IT. Shaffer, acting city clerk, R. M. Armstrong, acting treasurer, Ellis Smalley, A. J. Maries W. H. White, IT.

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Original Proceedings in Quo Warranto. On the 23d of January 1878, M. B. Nicholson, county attorney of Morris county, as relator, brought an action in this court in the name of The State of Kansas, plaintiff, against John Maloy, acting mayor, R. M. Wright, acting police judge, D. J. Keizer, acting marshal, O. IT. Shaffer, acting city clerk, R. M. Armstrong, acting treasurer, Ellis Smalley, A. J. Maries W. H. White, IT. W. McNay, F. L. Richter, and E. S. Bertram, acting city councilmen, and also against the acting members of the board of education, of the City of Covmcil Grove, in said Morris…

1Opinion of the Court

The opinion of the court was delivered by

Valentine,!.:

This is an action in the nature of quo warranto, brought originally in this court, ostensibly for the purpose of inquiring by what authority the defendants, John Maloy, and others, are assuming to exercise the powers, duties, and functions of officers of the city of Council Grove, as a city of the second class, but really for the purpose of *621having the question determined whether the said city of Council Grove is a city of the second class, or not. If Council Grove is a city of the second class, then it is admitted by the prosecution that…

2Cases cited4 opinions

  1. City of Atchison v. BartholowSupreme Court of Kansas · 1866
  2. Bucklin v. StateOhio Supreme Court · 1851
  3. Gilmore v. NortonSupreme Court of Kansas · 1872
  4. City of Wyandotte v. WoodSupreme Court of Kansas · 1870

3Cited by7 opinions

  1. City of Topeka v. GillettSupreme Court of Kansas · 1884
  2. Maxwell v. Tillamook CountyOregon Supreme Court · 1891
  3. Barker v. City of Kansas CitySupreme Court of Kansas · 1939
  4. Back v. CarpenterSupreme Court of Kansas · 1883
  5. Brown v. MillikenSupreme Court of Kansas · 1889

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