Land Grant Railway & Trust Co. v. Board of Commissioners
Supreme Court of Kansas
Original Proceedings in Mandamusw The plaintiffs filed a petition or relation, showing, among other facts, that on the 3d of July, 1867, the Board of Commissioners of Davis county, upon a petition of the citizens, submitted, in pursuance of the statutes of the State, to the electors of said county, the question of issuing $165,000 of county bonds, to bear seven per cent, interest, to assist in building the Union Pacific Railway, Southern Branch.
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Original Proceedings in Mandamusw The plaintiffs filed a petition or relation, showing, among other facts, that on the 3d of July, 1867, the Board of Commissioners of Davis county, upon a petition of the citizens, submitted, in pursuance of the statutes of the State, to the electors of said county, the question of issuing $165,000 of county bonds, to bear seven per cent, interest, to assist in building the Union Pacific Railway, Southern Branch. The bonds were to be payable in thirty years, and were to be issued in compliance, substantially, with certain conditions set forth in the notice or…
1Opinion of the Court
The opinion of the court was delivered by
Yalentine, J.:
In this action (which is an original proceeding in mandamus, commenced May 26th, 1870,) the plaintiffs, the Land Grant Railway & Trust Company and the Union Pacific Railway Company, Southern Branch, (now Missouri, Kansas & Texas Railway Company,) seek to compel the defendants, the Board of County Commissioners of Davis county, to subscribe to the capital stock of the said Union Pacific Railway Company, Southern Branch, to the amount of one hundred and sixty-five thousand dollars, and to issue in payment therefor an equal amount of the…
2Cases cited3 opinions
- Utica & Schenectady Railroad v. BrinckerhoffNew York Supreme Court · 1839
- State ex rel. Speer v. BarkerSupreme Court of Kansas · 1868
- Macedon & Bristol Plank Road Co. v. SnedikerNew York Supreme Court · 1854
3Cited by17 opinions
- Paola & Fall River Railway Co. v. Comm'rs of Anderson CountySupreme Court of Kansas · 1876
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- State ex rel. Atchison, Topeka & Santa Fe Railroad v. Board of County CommissionersSupreme Court of Kansas · 1873
- State ex rel. Wilson v. GarroutteSupreme Court of Missouri · 1878
- Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
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