Legal Opinion

State ex rel. St. Joseph & Denver City Railroad v. Comm'rs of Nemaha Co.

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 6 opinions

Original Proceedings in Mandamus. The principal question in this case was the same as ■that decided in the case of Comm’rs of Leavenworth Co. v. Miller, (ante, p. 479,) namely, the constitutionality of ch. 12, Laws of 1865, authorizing cities and counties to subscribe to the capital stock of railroad corporations and issue bonds in payment of such subscriptions.

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Original Proceedings in Mandamus. The principal question in this case was the same as ■that decided in the case of Comm’rs of Leavenworth Co. v. Miller, (ante, p. 479,) namely, the constitutionality of ch. 12, Laws of 1865, authorizing cities and counties to subscribe to the capital stock of railroad corporations and issue bonds in payment of such subscriptions. The facts are as follows : On the 8th of May, 1866, an election was held in Nemaha county, by order of the board of county commissioners, at which the qualified electors were authorized to vote upon the question whether the county of…

1Opinion of the Court

*548The opinion of the court was delivered by

Valentine, J.:

This is an application for a writ of mandamus brought originally in this court- by the Saint Joseph and Denver City Railroad Company to compel the Board of County Commissioners of Nemaha county to issue $125,000 of the bonds of said county to said railroad company in payment for a like amount of the capital stock of said railroad company for which it is alleged the county has already subscribed. Many important questions are involved in this case, one of which is the constitutional validity of an act of the Legislature approved February…

2Cited by6 opinions

  1. Hartman v. State Commission of Revenue & TaxationSupreme Court of Kansas · 1947
  2. State ex rel. Brewster v. KnappSupreme Court of Kansas · 1917
  3. Howard Mills Co. v. Schwartz Lumber & Coal Co.Supreme Court of Kansas · 1908
  4. Garden City, Gulf & Northern Railroad v. NationSupreme Court of Kansas · 1910
  5. Hodes & Nauser, MDS, P.A. v. SchmidtSupreme Court of Kansas · 2019

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