Legal Opinion

State v. Board of Commissioners

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 22 opinions

Error from Shawnee District Court. Mandamus brought by The State of Kansas, on the relation of the attorney general thereof, against the Board of Commissioners of Shawnee county, to compel the defendant to audit and pay a part of the cost and expense of establishing a certain state road. The facts appear in the opinion. November 12, 1881, the district court sustained defendant’s motion to quash the alternative writ which had been herein issued, and gave judgment accordingly.

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Error from Shawnee District Court. Mandamus brought by The State of Kansas, on the relation of the attorney general thereof, against the Board of Commissioners of Shawnee county, to compel the defendant to audit and pay a part of the cost and expense of establishing a certain state road. The facts appear in the opinion. November 12, 1881, the district court sustained defendant’s motion to quash the alternative writ which had been herein issued, and gave judgment accordingly. The plaintiff brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The single question in this case is, as to the constitutionality of chapter 146, Laws 1881. That act established a state road from Grantville to Topeka, and cast the cost thereof on the two counties of Shawnee and Jefferson, in which the road was to lie. No discretion was given to any county officer in respect to the establishment of the road, but after the commissioners named in the act had finished their work, and located the road, then the county commissioners of the two counties were directed and required to pay *432the expense thereof out…

2Cases cited15 opinions

  1. People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
  2. New Orleans v. ClarkSupreme Court of the United States · 1877
  3. Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
  4. The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
  5. State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864

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3Cited by22 opinions

  1. Board of Commissioners v. AbbottSupreme Court of Kansas · 1893
  2. Lee County v. Mayor of SmithvilleSupreme Court of Georgia · 1922
  3. State ex rel. Board of Commissioners v. ClausenWashington Supreme Court · 1917
  4. Wulf v. City of Kansas CitySupreme Court of Kansas · 1908
  5. Sawyer v. GilmoreSupreme Judicial Court of Maine · 1912

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