Miller v. Town of Palermo
Supreme Court of Kansas
Error from Doniphan District Court. Quo Warranto. The title of the action below was— “Charles Miller, Joseph Hastings, Nicholas Harrington, James T. Lindsley and Henry A. Howard, plaintiffs, vs. The Inhabitants of the Town of Palermo, and Robert Kimber, Charles Wilson, Wm. R. Powers, Obediah Smith and J. C. Inman, as the Board of Trustees of said Town of Palermo, defendants.”
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Error from Doniphan District Court. Quo Warranto. The title of the action below was— “Charles Miller, Joseph Hastings, Nicholas Harrington, James T. Lindsley and Henry A. Howard, plaintiffs, vs. The Inhabitants of the Town of Palermo, and Robert Kimber, Charles Wilson, Wm. R. Powers, Obediah Smith and J. C. Inman, as the Board of Trustees of said Town of Palermo, defendants.” The petition, after the caption and title, is as follows: “The plaintiffs aver that they are citizens, residents and tax-payers on the following described lands, to-wit; [describes 320 acres of land;] that there are a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Can private individuals, having no other interest than that of citizens, residents and tax-payers of a supposed municipal corporation, maintain an action of quo warranto in their own names against such corporation, or must such action be brought in the name of the state, and by *16the attorney general, or the county attorney? The district court decided that the action must be in the name of the state, and in that opinion we concur. This court has had occasion in two or three cases to consider under what circumstances grievances of a public…
2Cases cited4 opinions
- Bobbett v. StateSupreme Court of Kansas · 1872
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- Commonwealth v. Union Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1809
- Turner v. Comm'rs of Jefferson CountySupreme Court of Kansas · 1872
3Cited by31 opinions
- Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
- State ex rel. Glenn v. SteinNebraska Supreme Court · 1882
- State ex rel. Depue v. MatthewsWest Virginia Supreme Court · 1898
- Evens v. AndersonSupreme Court of Minnesota · 1916
- Wagoner County Election Board v. PlunkettSupreme Court of Oklahoma · 1956
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