Land Grant Railway & Trust Co. v. Board of County Commissioners
Supreme Court of Kansas
t Original Proceedings in Mandamus. This action is on an application for a writ of mandamus, brought originally in this court.* The said Land Grant Railway and Trust Company bring the action to compel the said Board of County Commissioners of Coffey county to subscribe -to the capital stock of the Missouri, Kansas & Texas Railway Company, (formerly called the Union Pacific Railway Company, Southern Branch,) to the amount of two hundred thousand dollars, and to issue -in…
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t Original Proceedings in Mandamus. This action is on an application for a writ of mandamus, brought originally in this court.* The said Land Grant Railway and Trust Company bring the action to compel the said Board of County Commissioners of Coffey county to subscribe -to the capital stock of the Missouri, Kansas & Texas Railway Company, (formerly called the Union Pacific Railway Company, Southern Branch,) to the amount of two hundred thousand dollars, and to issue -in payment therefor an equal amount of the bonds of said county, and to deliver the said bonds to the Land Grant Railway &…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In the consideration of this case it is necessary that we should go back to the very foundation upon which the plaintiffs build their superstructure; that we should look into the origin and organization of their supposed corporation; that we should investigate the validity of their Pennsylvania charter, and that we should *252determine whether they have any legal status, or legal corporate existence in Kansas. The defendants deny that the plaintiffs have any legal corporate existence in Kansas or elsewhere; and deny particularly that they…
2Cases cited4 opinions
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Runyan v. Lessee of CosterSupreme Court of the United States · 1840
- Aspinwall v. Ohio & Mississippi R. R.Indiana Supreme Court · 1863
- Galbreath v. GrayIndiana Supreme Court · 1863
3Cited by32 opinions
- Demarest v. . FlackNew York Court of Appeals · 1891
- State ex rel. Godard v. Topeka Water Co.Supreme Court of Kansas · 1900
- Williams v. Metropolitan Street-railway Co.Supreme Court of Kansas · 1903
- O'Brien v. WetherellSupreme Court of Kansas · 1875
- State ex rel. Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1873
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