Legal Opinion

Atchison, Colorado & Pacific Railroad v. Board of Commissioners of Phillips County

Supreme Court of Kansas

Decided January 15, 1881PublishedCited by 4 opinions

Original Proceedings in Mandamus. ACTION begun in this court October 1st, 1880, to compel the issue and delivery of $5,000 of bonds, being the remainder of the subscription of the township of Kirwin, in Phillips county, to the Atchison & Denver railway company.

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Original Proceedings in Mandamus. ACTION begun in this court October 1st, 1880, to compel the issue and delivery of $5,000 of bonds, being the remainder of the subscription of the township of Kirwin, in Phillips county, to the Atchison & Denver railway company. The vote on the question of subscribing stock and issuing bonds therefor was had on April 15th, 1879; the subscription was made September 13th, 1879; the railroad was completed prior to June 1st, 1880. The proposition provided for aid to the amount of $18,000 of bonds, with coupons attached. On December 20th, 1879, the Atchison &…

1Opinion of the Court

The opinion of the court was delivered by

HORTON, C. J:

The principal question for our determination is, whether the consolidation of the Atchison & Denver railway company with the Waterville & Washington railroad company, the Republican "Valley railway company, the Atchi-son, Solomon Valley & Denver railway company, and the Atchison, Republican Valley & Pacific railway company, under the corporate name of “The Atchison, Colorado & Pacific Railroad Company,” released the township of Kirwin from its subscription, September 13,1879, to the capital stock of the first-named company. It is claimed…

2Cases cited4 opinions

  1. Nugent v. the SupervisorsSupreme Court of the United States · 1874
  2. Bish v. JohnsonIndiana Supreme Court · 1863
  3. Hanna v. Cincinnati & Fort Wayne R. R.Indiana Supreme Court · 1863
  4. State ex rel. St. Joseph & Denver City Rld. v. Comm'rs of Nemaha CountySupreme Court of Kansas · 1873

3Cited by4 opinions

  1. Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
  2. Albach v. Fraternal Aid UnionSupreme Court of Kansas · 1917
  3. Chicago, Kansas & Western Railroad v. Board of Comm'rsSupreme Court of Kansas · 1887
  4. Dickinson County Hospital Co. v. KessingerSupreme Court of Kansas · 1929

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