Board of Commissioners v. State ex rel. Ives
Supreme Court of Kansas
Error from Shawnee Circuit Court. This action was commenced on the 29 th. day of April, 1892, by the attorney general, on behalf of the state of Kansas, against the board of county commissioners of the county of Shawnee, the city of Topeka, and George H. Evans and J. J. Cox, partners under the firm-name and style of George H. Evans & Co., to perpetually enjoin the board of county commissioners and the other defendants from entering into a contract for the purpose of…
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Error from Shawnee Circuit Court. This action was commenced on the 29 th. day of April, 1892, by the attorney general, on behalf of the state of Kansas, against the board of county commissioners of the county of Shawnee, the city of Topeka, and George H. Evans and J. J. Cox, partners under the firm-name and style of George H. Evans & Co., to perpetually enjoin the board of county commissioners and the other defendants from entering into a contract for the purpose of constructing a bridge across the Kansas river, on Quincy street, in the city of Topeka. On the same day, the circuit court…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The trial court determined that chapter 98, Haws of 1891, authorizing the board of county commissioners of Shawnee county to construct and maintain a bridge across the Kansas river, on Quincy street, in the city of Topeka, was void, because obnoxious to certain provisions of article 12 of the constitution of ,the state. This was followed by the further determination that the board of county commissioners had no legal power or authority to construct a bridge* under the provisions of said chapter 98, across the Kansas river, on Quincy…
2Cases cited2 opinions
- City of Atchison v. BartholowSupreme Court of Kansas · 1866
- City of Eudora v. MillerSupreme Court of Kansas · 1883
3Cited by6 opinions
- Levitt v. City of WilsonSupreme Court of Kansas · 1905
- State ex rel. Dawes v. Board of County CommissionersSupreme Court of Kansas · 1896
- Springfield Safe-Deposit & Trust Co. v. City of AtticaCourt of Appeals for the Eighth Circuit · 1898
- State ex rel. Jackson v. Board of County CommissionersSupreme Court of Kansas · 1911
- Davenport v. HamSupreme Court of Kansas · 1905
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