Smalley v. Yates
Supreme Court of Kansas
Original Proceedings in Mandamus. On March 11, 1887, Mr. Justice Valentine allowed and indorsed the following alternative writ of mandamus: “To the said Mayor and Council of the City of Hiawatha, m the State of Kansas, and the said Frank J. Thomas, Clerk: Whereas, it has been suggested to us that the city of Hiawatha, being a city of the second class, did duly submit to the electors of said city of Hiawatha a proposition to vote fifty thousand dollars of thirty-year bonds,…
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Original Proceedings in Mandamus. On March 11, 1887, Mr. Justice Valentine allowed and indorsed the following alternative writ of mandamus: “To the said Mayor and Council of the City of Hiawatha, m the State of Kansas, and the said Frank J. Thomas, Clerk: Whereas, it has been suggested to us that the city of Hiawatha, being a city of the second class, did duly submit to the electors of said city of Hiawatha a proposition to vote fifty thousand dollars of thirty-year bonds, to bear interest at the rate not to exceed six per cent, per annum, payable semiannually, to pay for the erection of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended that the plaintiff is not entitled to the relief demanded in the alternative writ, for the reason that he is attempting to enforce the provisions of a contract between the city of Hiawatha and himself, and that if any contract exists as he alleges, he has a plain and adequate remedy at law, either by an action for damages or a proceeding *523in equity for a specific performance of the contract. Under the allegations of the writ, there has been an agreement entered into between the plaintiff and the mayor and the conncil of the…
2Cases cited3 opinions
- Van Rensselaer v. Sheriff of AlbanyNew York Supreme Court · 1823
- State ex rel. Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1873
- Mobile & Ohio Railroad v. WisdomTennessee Supreme Court · 1871
3Cited by11 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- State ex rel. Taylor v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Gray v. City of Santa FeCourt of Appeals for the Tenth Circuit · 1937
- Board of Trustees v. State ex rel. EatonIndiana Supreme Court · 1911
- Commercial Nat. Bank v. RobinsonSupreme Court of Oklahoma · 1917
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