Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.
Supreme Court of Kansas
Original Proceedings in Mandamus. On the 17th of September 1872, the A. T. & Santa Fe Rld. Co., as plaintiff, commenced an action in this court against The Board of Cou/nty Comm’rs of the Co. of Jefferson, as such, against the members of the board, by their proper names, and W. F. Gilluly, as county clerk, defendants.
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Original Proceedings in Mandamus. On the 17th of September 1872, the A. T. & Santa Fe Rld. Co., as plaintiff, commenced an action in this court against The Board of Cou/nty Comm’rs of the Co. of Jefferson, as such, against the members of the board, by their proper names, and W. F. Gilluly, as county clerk, defendants. Upon a duly verified petition therefor, an alternative writ of mandamus was issued, directed to the defendants, commanding them, and each of them, to receive from the A. T. & Santa Fe Bid. Company the certificate or certificates of full-paid stock to the capital stock of said…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
i. Bes juaicata'
This case is now before us on the motion to strike out that portion of the answer which sets up a judgment of the circuit court of the United States for the district of Kansas as a defense to this application. The application is for a mandamus on the commissioners and clerk of Jefferson county to compel them to- issue the bonds of the county to the plaintiff. The alternative writ alleges a vote of the people, a subscription, and a compliance by the plaintiff with the terms of the subscription. The portion of the answer…
2Cases cited4 opinions
- Reichart v. FelpsSupreme Court of the United States · 1868
- People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866
- Benz v. HinesSupreme Court of Kansas · 1866
- Ex parte HolmanSupreme Court of Iowa · 1869
3Cited by49 opinions
- Mobil Oil Corporation v. McHenrySupreme Court of Kansas · 1968
- Beals v. ConeSupreme Court of Colorado · 1900
- Northern Pacific Railway Co. v. Snohomish CountyWashington Supreme Court · 1918
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Alfrey v. ColbertSupreme Court of Oklahoma · 1914
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