Altschiel v. Smith
Supreme Court of Kansas
Error from Marshall District Court. The action below was commenced by plaintiff in error against the director, clerk and treasurer of School District No. 17, of Marshall county, to enjoin them from-issuing certain school district bonds. The injunction was refused, and the plaintiff brings the case here, where it was disposed of upon a question of practice.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The plaintiff in error applied for a temporary *91injunction to the judge of the district court of Marshall county, restraining defendants from issuing bonds. The application was refused. This refusal he seeks by this action to have reversed. The bill of exceptions shows that the-application was made on petition and affidavits, but does not set out or include the affidavits. Hence we are not informed upon what the district judge acted. True, there are some copies of affidavits in the transcript, and the certificate of the-clerk shows that they…
2Cases cited1 opinion
- Backus v. ClarkSupreme Court of Kansas · 1863
3Cited by6 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- McIntosh v. Comm'rs of Crawford CountySupreme Court of Kansas · 1874
- Jenks v. School DistrictSupreme Court of Kansas · 1877
- Hagaman v. NeitzelSupreme Court of Kansas · 1875
- United States ex rel. Search v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1895
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