State ex rel. Smith v. Atherton

The opinion of the court was delivered by

Marshall, J.:

This is an original action in mandamus to compel the defendants as the governing body of the city of Emporia to “proceed at once to the issuance and sale of bonds in an amount sufficient to pay one-third of the cost of construction of a subway under the tracks of the Atchison, Topeka & Santa Fe Railway Company on Mechanic street in the city of Emporia, Kansas.” The defendants have filed an answer in which they allege that there is no statutory authority for the city of Emporia to do the things prayed for in the petition of the plaintiff.…