Lewis v. Commissioners of Bourbon Co.
Supreme Court of Kansas
Original Proceedings in Mandamus. Lewis, as plaintiff, -commenced suit in this court, in November 1872, against The Board of Oo. Comm’rs of Bourbon Co., and James H. Brown, county clerk of said county, as defendants. Plaintiff claimed to be the owner and holder, by purchase from the Tebo & Neosho Rid.
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Original Proceedings in Mandamus. Lewis, as plaintiff, -commenced suit in this court, in November 1872, against The Board of Oo. Comm’rs of Bourbon Co., and James H. Brown, county clerk of said county, as defendants. Plaintiff claimed to be the owner and holder, by purchase from the Tebo & Neosho Rid. Co., of one hundred bonds of $1,000 each, numbered from 1 to 100'respect-ively, issued by Bourbon county to said Railroad Co., of which bonds the following is a copy: No.- STATE OF KANSAS. . $1,000. Stock Bond of Bourbon County, Kansas. Thirty Years after date, the County of Bourbon promise to…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
statement of the case. This is an application to this court for a writ of mandamus commanding the levy of a tax to pay the coupons on certain bonds issued by the county of Bourbon to the Tebo & Neosho Railroad Company, and by it sold and transferred to the plaintiff. Two questions exist, and are discussed by counsel in their briefs with great ability. First, had the county commissioners the authority to issue these bonds ? and second, if not, can this -want of authority be set up as a defense to an action by the present plaintiff, who claims…
2Cases cited20 opinions
- Gelpcke v. DubuqueSupreme Court of the United States · 1864
- Marsh v. Fulton CountySupreme Court of the United States · 1871
- Board of Comm'rs of Knox Cty. v. AspinwallSupreme Court of the United States · 1859
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Mercer County v. HacketSupreme Court of the United States · 1864
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3Cited by47 opinions
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- Allen v. StateArizona Supreme Court · 1913
- Block v. CommissionersSupreme Court of the United States · 1879
- City of Leavenworth v. WilsonSupreme Court of Kansas · 1904
- Rea v. City of LaFayetteSupreme Court of Georgia · 1908
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