Legal Opinion

Comm'rs of Leavenworth Co. v. Miller

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 74 opinions

Error from Leavenworth District Court. Chapter 12 of the Laws of 1865, entitled “An act to “ authorize counties and cities to issue .'bonds to railroad “ companies, was approved February 10th, and took effect February 14,1865. Sec. 1 .of said chapter provided “ That the board of county commissioners of any county, “ to, into, through, from, or near which, whether in this “ or any other State, any railroad is or may be located, “ may subscribe to the capital stock of any such…

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Error from Leavenworth District Court. Chapter 12 of the Laws of 1865, entitled “An act to “ authorize counties and cities to issue .'bonds to railroad “ companies, was approved February 10th, and took effect February 14,1865. Sec. 1 .of said chapter provided “ That the board of county commissioners of any county, “ to, into, through, from, or near which, whether in this “ or any other State, any railroad is or may be located, “ may subscribe to the capital stock of any such railroad “ corporation, in the name and for the benefit of said “ county, not exceeding in amount the sum of $800,000 “…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This action was commenced by the defendant in error, in the court below, to recover from the county of Leavenworth a sum of money claimed to be due upon a certain bond of said county. This bond is for the sum of $250, and is one of a series of bonds amounting in the aggregate to the sum of $250,000, issued by said county to the Union Pacific Railway Company, E. D., in payment for a like amount of the capital stock of said company. This bond was issued August 1st, 1865, under an act of the legislature authorizing counties to subscribe to…

Also in this document: Concurrence.

2Cases cited90 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Osborn v. Bank of United StatesSupreme Court of the United States · 1824
  3. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  4. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
  5. Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837

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3Cited by74 opinions

  1. Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
  2. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  3. Leek v. TheisSupreme Court of Kansas · 1975
  4. State ex rel. Lamb v. CunninghamWisconsin Supreme Court · 1892
  5. State ex rel. Attorney General v. DonaldWisconsin Supreme Court · 1915

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