City of Emporia v. Randolph

The opinion of the court was delivered by

Martin, C. J.: On June 18, 1895, at the courthouse in Emporia, the plaintiff, a city of the second class, presented to the defendant, the judge of the fifth judicial district, a petition for the extension of the boundaries of the city. The defendant declined to hear the petition, on the ground that the duties sought to be imposed upon the judge by section 121 of the act relating to cities of the second class (¶ 884, Gen. Stat. 1889) are in nowise judicial, in their nature, but rather legislative.

If this question were a new one, the writer would…