State ex rel. Atchison, Topeka & Santa Fe Railroad v. Board of County Commissioners
Supreme Court of Kansas
Original Proceedings in Mandamus Motion to Dismiss. The only question decided in tbis case is one of practice. Upon the filing of the petition an alternative writ of mandamus was issued and served, whereupon the defendants, the Board of Commissioners, appeared and filed a motion to quash said writ, and dismiss the action, “because the action is prosecuted in the name of The State, and such prosecution is without authority from the attorney-general, and should be in the name…
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Original Proceedings in Mandamus Motion to Dismiss. The only question decided in tbis case is one of practice. Upon the filing of the petition an alternative writ of mandamus was issued and served, whereupon the defendants, the Board of Commissioners, appeared and filed a motion to quash said writ, and dismiss the action, “because the action is prosecuted in the name of The State, and such prosecution is without authority from the attorney-general, and should be in the name of the relatoras plaintiff.”
1Opinion of the Court
*67The opinion of the court was delivered by
Valentine, J.:
This is an original proceeding in mandamus, brought in the name of The State of Kansas on the relation of the Atchison, Topeka and Santa Fe Railroad Company against the Board of County Commissioners of Jefferson County, to compel said county .commissioners to issue certain bonds of said county to said railroad company. The defendants move to dismiss the action, because the affidavits, motion, and alternative writ show that The State of Kansas has no interest in the result of the action, and because it does not appear from any of the…
2Cases cited10 opinions
- Arberry v. BeaversTexas Supreme Court · 1851
- Bryan v. CattellSupreme Court of Iowa · 1864
- City of Zanesville v. RichardsOhio Supreme Court · 1855
- Land Grant Railway & Trust Co. v. Board of County CommissionersSupreme Court of Kansas · 1870
- Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- State ex rel. Weinberg v. Pacific Brewing & Malting Co.Washington Supreme Court · 1899
- Marini v. GrahamCalifornia Supreme Court · 1885
- Atchison, Topeka & Santa Fé Rld. v. State ex rel. SandersSupreme Court of Kansas · 1879
- State ex rel. Dakota Hail Ass'n v. CareyNorth Dakota Supreme Court · 1891
14 more not listed; retrieve them via the Exa API.