Hornaday v. State
Supreme Court of Kansas
Error from Clay district court; W. S. Glass, judge. STATEMENT. This was a suit brought by the state of Kansas, on relation of the county attorney of Clay county, to enjoin the members of the board of trustees of the institutions for the education of the blind, the deaf and dumb, and the asylums for the insane (commonly called the state board of charities), from instituting condemnation proceedings to appropriate to the use of the state certain lands near the city of Parsons,…
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Error from Clay district court; W. S. Glass, judge. STATEMENT. This was a suit brought by the state of Kansas, on relation of the county attorney of Clay county, to enjoin the members of the board of trustees of the institutions for the education of the blind, the deaf and dumb, and the asylums for the insane (commonly called the state board of charities), from instituting condemnation proceedings to appropriate to the use of the state certain lands near the city of Parsons, in Labette county, selected as a place of location for a proposed asylum for the insane, said selection having been…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The principal controversy between the parties is whether the law of 1891 repeals the act of 1881. It does not do so in express terms. Under the repealing section of the Law of 1891, reference is made to chapter 168, Laws of 1879, chapter 186, Laws of 1885, and section 1, chapter 187, Laws of 1887, and its express repealing force is applied to the preceding enactments mentioned. If there be a repeal, it is by force of the words ‘ ‘ and all acts and parts of acts in conflict herewith are hereby repealed.” In Kansas Breeze Co. v. Edwards, 55…
2Cases cited8 opinions
- Shoemaker v. BrownSupreme Court of Kansas · 1872
- Stephens v. BallouSupreme Court of Kansas · 1882
- Village of Hyde Park v. SpencerIllinois Supreme Court · 1886
- Trester v. City of SheboyganWisconsin Supreme Court · 1894
- Keirsey v. Board of CommissionersSupreme Court of Kansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Huston v. ScottSupreme Court of Oklahoma · 1908
- City of Wichita v. Missouri & Kansas Telephone Co.Supreme Court of Kansas · 1904
- City of Wichita v. Old Colony Trust Co.Court of Appeals for the Eighth Circuit · 1904
- Newman v. LakeSupreme Court of Kansas · 1905
- Harwood v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1917
9 more not listed; retrieve them via the Exa API.