Emmert v. DeLong
Supreme Court of Kansas
Error from Montgomery District Court. Action by Emmert & McCulloch, as plaintiffs, against James DeLong, as mayor of Independence, and J. C. Leonard, as defendants. Plaintiffs seek to recover $530 for professional services rendered by them as land-office attorneys nnder a contract made August 1st, 1871, with one E. E. Wilson, who was then mayor of the city of Independence, and who, it is alleged, made the contract in that capacity.
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Error from Montgomery District Court. Action by Emmert & McCulloch, as plaintiffs, against James DeLong, as mayor of Independence, and J. C. Leonard, as defendants. Plaintiffs seek to recover $530 for professional services rendered by them as land-office attorneys nnder a contract made August 1st, 1871, with one E. E. Wilson, who was then mayor of the city of Independence, and who, it is alleged, made the contract in that capacity. The plaintiffs also seek the equitable interference of the court, to declare a trust in their favor upon certain funds alleged to be in the hands of the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:, ,, Statement of the case. The facts of this ease, as stated by the plaintiffs in error, are as follows: On or about August 1st, 1871, the lands upon which the city of Independence was and still is located were government lands, subject to entry under the town-site laws of congress. Said city was at said date, and ever since has been, an incorporated ’ 1 _ J-city 0f sfate 0f Kansas. At said date one E. E. Wilson, then mayor of said city, acting under authority conferred by said town-site laws, had filed upon and was seeking to enter at…
2Cited by3 opinions
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- Smith v. RichardsIdaho Supreme Court · 1889
- Allen v. HoustonSupreme Court of Arkansas · 1878