State ex rel. McBride v. Board of Commissioners
Supreme Court of Kansas
Original Proceedings in Mandamus. Action brought in this court March 21,1881, by The State of Kansas, on the relation of A. G. McBride, county attorney of Phillips county, against the Board of Commissioners of said county, consisting of M. Fisher, H. S. Granger and L. P. Johnson, to compel such board to order an election for the relocation of the county seat of that county.
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Original Proceedings in Mandamus. Action brought in this court March 21,1881, by The State of Kansas, on the relation of A. G. McBride, county attorney of Phillips county, against the Board of Commissioners of said county, consisting of M. Fisher, H. S. Granger and L. P. Johnson, to compel such board to order an election for the relocation of the county seat of that county. An alternative writ of mandamus was issued herein, which Fisher, the chairman of the board, answered April 25,1881, showing cause. The opinion contains a sufficient statement of the facts.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is an action of mandamus brought in this court in the name of the state by the county attorney of Phillips county, to compel the board of county commissioners of said county to order an election for the relocation of the county seat of said county. Section 2 of the act concerning the location and removal of county seats, (Comp. Laws of 1879, p. 313,) provides, among other things, that wherever the county seat of any county has been located by a vote of the electors of the county, and where county buildings have been erected, donated…
2Cases cited3 opinions
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- State ex rel. Mitchell v. StevensSupreme Court of Kansas · 1880
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- Kolster v. American Gas Co.Supreme Court of Kansas · 1920
- State v. LoweSupreme Court of Kansas · 1896
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