Chicago, Kansas & Western Railroad v. Board of Commissioners

Motions have been filed upon the part of the plaintiff against the defendants to quash the return filed to the alternative writ, and also for a peremptory writ of mandamus to issue at once, notwithstanding the allegations contained in the return. The motions will not be sustained at this time; but, in view of the arguments before the court concerning the *767allegations of the return for a peremptory writ, that there may be no attempt to relitigate or reargue questions which have already been settled and determined in the case of C. K. & W. Rld. Co. v. Ozark Township, 46 Kas. 415, decided at the…