State ex rel. Kellogg v. Board of Commissioners

The opinion of the court was delivered by

Valentine, J.:

It is admitted by both parties to this action that the county seat of Atchison county is, and has been since the year 1855, located upon territory now included within the boundaries of the city of Atchison. It was first *187located upon such territory under au act of the legislature of 1855. (Laws of 1855, ch. 30, §§26, 36.) It was again located upon such territory on October 3, 1858, by an election held on that day in the county of Atchison under chapter 21 of the general laws of 1858. At that time the town of Atchison was an incorporated…