McMillen v. Butler
Supreme Court of Kansas
Error from Neosho District Court. Action by Butler as plaintiff, against the county clerk, register of deeds, and county commissioners, as defendants. The district court, at the December Term 1873, overruled a demurrer to plaintiff’s petition, and from such decision the defendants appeal, and bring the case here for review. The facts are- fully stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Butler against McMillen and the other' county officers, to enjoin said officers from moving their respective offices from the town of Osage Mission to the town of Erie, Neosho county, pending á certain suit in the supreme court. The petition below states in substance that Butler, the plaintiff below, “is a resident of the town of Osage Mission, and a tax-payer, a citizen and elector of said county of Neosho; that Butler had previously commenced an action in the district court -of said county against said…
2Cases cited3 opinions
- Miller v. Town of PalermoSupreme Court of Kansas · 1873
- Wyandotte & Kansas City Bridge Co. v. Board of County CommissionersSupreme Court of Kansas · 1872
- Butler v. McMillenSupreme Court of Kansas · 1874
3Cited by3 opinions
- Sabin v. ShermanSupreme Court of Kansas · 1882
- Albach v. Fraternal Aid UnionSupreme Court of Kansas · 1917
- Dunn v. Board of County CommissionersSupreme Court of Kansas · 1947