Legal Opinion

Division of Howard County

Supreme Court of Kansas

Decided July 15, 1875PublishedCited by 68 opinions

Original Proceedings in Mandamus. The passage and approval of the act dividing Howard county, and creating the counties of Chautauqua and Elk — ch. 106, Laws of 1875 — gave rise to three separate actions of mandamus, each being commenced originally in this court.

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Original Proceedings in Mandamus. The passage and approval of the act dividing Howard county, and creating the counties of Chautauqua and Elk — ch. 106, Laws of 1875 — gave rise to three separate actions of mandamus, each being commenced originally in this court. Said act contains, .among many others, the following prq- ’ visions: “Sec. 1. All that portion of the county of Howard lying south of the township line separating township thirty-one and township thirty-two south, shall constitute the territory of a new county hereby created, to be known as the county of Chautauqua; and all that…

1Opinion of the Court

The.opinion of the court was delivered by

Valentine, J.:

The only question involved in these three cases is, whether a certain act of the legislature entitled “An act to divide the county of Howard, and to erect the territoiy thereof into the counties of Chautauqua and Elk, to provide for the due organization of said counties, the filling of vacancies ,in offices, for the proper division .of the property and indebtedness of Howard county, and in regard to the taxes and records thereof,” approved March 5th 1875, (Laws of 1875, p. 148,) is sufficiently valid to accomplish its object; that is, to…

2Cases cited18 opinions

  1. Brodnax v. GroomSupreme Court of North Carolina · 1870
  2. Sherman v. StoryCalifornia Supreme Court · 1866
  3. Bowman v. CockrillSupreme Court of Kansas · 1870
  4. Evans v. BrowneIndiana Supreme Court · 1869
  5. Spangler v. JacobyIllinois Supreme Court · 1853

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3Cited by68 opinions

  1. Ballentyne v. WickershamSupreme Court of Alabama · 1883
  2. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  3. In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
  4. Harris v. ShanahanSupreme Court of Kansas · 1963
  5. Koehler & Lange v. HillSupreme Court of Iowa · 1883

63 more not listed; retrieve them via the Exa API.

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