State ex rel. Bradford v. Western Irrigating Canal Co.
Supreme Court of Kansas
Original Proceedings in Quo Warranto. On May 16, 1887, The State of Kansas, upon the relation of Hon.. S. B. Bradford, the attorney general, filed its petition in this court against The Western Irrigating Canal Company, praying that the company be required to show by what authority it holds, possesses, and assumes to exercise the powers, privileges, and franchises granted to the Enterprise Irrigating Company; and that the plaintiff have judgment of ouster against the…
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Original Proceedings in Quo Warranto. On May 16, 1887, The State of Kansas, upon the relation of Hon.. S. B. Bradford, the attorney general, filed its petition in this court against The Western Irrigating Canal Company, praying that the company be required to show by what authority it holds, possesses, and assumes to exercise the powers, privileges, and franchises granted to the Enterprise Irrigating Company; and that the plaintiff have judgment of ouster against the defendant in the further exercise of such powers, privileges and franchises; and that the company be declared by the judgment…
1Opinion of the Court
*99Tbe opinion of the court was delivered by
IíortON, C. J.:
It is claimed that the Enterprise Irrigating Company, even if its stockholders desired it, had no right to sell all of its property, surrender its franchises, and terminate its existence, without the assent of the state; therefore, that the Western Irrigating Canal Company could not exercise the powers, privileges and franchises granted to the Enterprise Company. For the purposes of this case, we assume this to be true, and that so much of the deed of December 11, 1886, as attempts to transfer and convey the franchises of the Enterprise…
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