Kelly v. Cole
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. This is a proceeding in mandamus to compel the respondent, as auditor of state, to register 200 refunding bonds, of the denomination of $500 each, executed by the county of Chase, in pursuance of an agreement with relators to compromise and refund $80,000 of railroad bonds issued by that county November 1, 1892, in aid of the Chicago, Kansas & Western Railroad Company.
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Original proceeding in mandamus. STATEMENT. This is a proceeding in mandamus to compel the respondent, as auditor of state, to register 200 refunding bonds, of the denomination of $500 each, executed by the county of Chase, in pursuance of an agreement with relators to compromise and refund $80,000 of railroad bonds issued by that county November 1, 1892, in aid of the Chicago, Kansas & Western Railroad Company. The right of relators to demand the registration of these bonds is based upon section 3, chapter 163, Laws of 1891 (Gen. Stat. 1901, §520), as amendatory of section -4, chapter 50,…
1Opinion of the Court
The opinion of the court was delivered by
Pollock, J. :
This controversy arises over the construction of section 1, chapter 288, Laws of 1901 (Gen. Stat. 1901, § 517), recited in the bonds. This section reads:
“That section 1 of chapter 163 of the Laws of'1891 be and is hereby amended so as to read as follows : *390Section 1. Every county, every city of the first, second or third class, the board of education of any city, every township and every school district is hereby authorized and empowered to compromise and refund its bonded indebtedness, including coupons and judgments thereon, upon such…
2Cases cited5 opinions
- Carroll County v. SmithSupreme Court of the United States · 1884
- Lake County v. GrahamSupreme Court of the United States · 1889
- Chaffee County v. PotterSupreme Court of the United States · 1892
- Sutliff v. Lake County CommissionersSupreme Court of the United States · 1893
- German Ins. Co. of Freeport v. City of ManningU.S. Circuit Court for the Southern District of Iowa · 1899
3Cited by5 opinions
- Epping v. City of ColumbusSupreme Court of Georgia · 1903
- Carlson v. City of HelenaMontana Supreme Court · 1909
- O'Rear v. SartainSupreme Court of Alabama · 1915
- Atchison, Topeka & Santa Fe Railway Co. v. Board of County CommissionersSupreme Court of Kansas · 1918
- State ex rel. Arn v. WoodruffSupreme Court of Kansas · 1948