State v. Anderson
Supreme Court of Kansas
Frror from Shawnee County. The petition in this ease was sworn to by P. McYicar, superintendent of public instruction of the state, and in that affidavit he also averred that as such officer he had charge of the school interest of the state, and that the action was instituted at his instance for the protection of said interest. ■ Other facts in the case are fully set forth in the opinion of the court. 1. The remedy sought in the present case is the proper one. a) The code of…
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Frror from Shawnee County. The petition in this ease was sworn to by P. McYicar, superintendent of public instruction of the state, and in that affidavit he also averred that as such officer he had charge of the school interest of the state, and that the action was instituted at his instance for the protection of said interest. ■ Other facts in the case are fully set forth in the opinion of the court. 1. The remedy sought in the present case is the proper one. a) The code of 1868 is broader with respect to this remedy by injunction than that of 1862. In the latter, section 247, the injury, to…
1Opinion of the Court
By the Court,
Kingman, C. J.
A petition was filed in the district court of Shawnee county, showing that the defendant was treasurer of the State of Kansas; that the State of Kansas holds in trust, and holds the title to the 500,000 acres of land granted by the act of Congress, approved September 4th, 1841; and that the lands are the same described in section three of article six of the constitution of this state ; and the same lands described in an ’act of the legislature of this state, entitled “ an act providing for the sale of public lands to aid in the construction of certain railroads,…
2Cases cited2 opinions
- Mallow v. HindeSupreme Court of the United States · 1827
- State ex rel. Guthrie v. Board of Commissioners for the Management & Investment of the School FundSupreme Court of Kansas · 1868
3Cited by28 opinions
- State v. LordOregon Supreme Court · 1896
- Martin v. InghamSupreme Court of Kansas · 1888
- United States v. DebsU.S. Circuit Court for the Northern District of Illnois · 1894
- State v. MetschanOregon Supreme Court · 1896
- Turnipseed v. BlanSupreme Court of Alabama · 1933
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