State ex rel. St. Joseph & Denver City Rld. v. Comm'rs of Nemaha County
Supreme Court of Kansas
Original Proceedings in Mandamus. This action was commenced in this court in 1870, and an alternative writ of mandamus was awarded at the January Term 1871. See 7 Kas., 542, where a sufficient statement of the averments of the petition will be found. The Board of County Commissioners refused to issue the bonds of the county, as demanded by the Railroad Company, but in answer to the alternative writ showed cause.
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Original Proceedings in Mandamus. This action was commenced in this court in 1870, and an alternative writ of mandamus was awarded at the January Term 1871. See 7 Kas., 542, where a sufficient statement of the averments of the petition will be found. The Board of County Commissioners refused to issue the bonds of the county, as demanded by the Railroad Company, but in answer to the alternative writ showed cause. The additional facts, appearing upon the answer of the defendants, are fully stated in the opinion of the court. The action was tried at July Term 1872 of this court, and the opinion…
1Opinion of the Court
*576The opinion of the court was delivered by
Brewer, J.:
Plaintiff applies to this court for a mandamus to compel the defendants to issue to it the bonds of the county of Nemaha to the amount of $125,000 in payment of an alleged subscription to the capital stock of said company. The facts as it claims them to exist are substantially as follows: In 1866 there were two railway corporations existing, the one known as the St. Joseph & Denver City Railroad Co., and the other as the Northern Kansas Railroad Co., each organized to construct a railroad from El wood to Marysville, and also to receive…
2Cases cited8 opinions
- Schenectady and Saratoga Plank Road Co. v. . ThatcherNew York Court of Appeals · 1854
- McMahan v. MorrisonIndiana Supreme Court · 1861
- Board of Supervisors of Fulton County v. Mississippi & Wabash RailroadIllinois Supreme Court · 1859
- Middlesex Turnpike Corp. v. LockeMassachusetts Supreme Judicial Court · 1811
- Land Grant Railway & Trust Co. v. Board of CommissionersSupreme Court of Kansas · 1870
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- Kansas, Oklahoma & Texas Railway Co. v. SmithSupreme Court of Kansas · 1888
- Chicago, Kansas & Western Railroad v. Board of Comm'rsSupreme Court of Kansas · 1887
- Moon Bros. Carriage Co. v. DevenishWashington Supreme Court · 1906
- Atchison, Colorado & Pacific Railroad v. Board of Commissioners of Phillips CountySupreme Court of Kansas · 1881
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