Chicago, Kansas & Western Railroad v. Board of Commissioners
Supreme Court of Kansas
Original Proceedings in Mandamus. On December 28, 1885, the county board of Osage county made an order submitting to a vote of the qualified electors of the township of Agency, in said county, the question whether or not it would subscribe for three hundred shares of one hundred dollars each, of the capital stock of the Kansas, Nebraska & Dakota Railroad Company, on the condition that said road shall construct and complete its line of railroad of standard gauge, from a point…
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Original Proceedings in Mandamus. On December 28, 1885, the county board of Osage county made an order submitting to a vote of the qualified electors of the township of Agency, in said county, the question whether or not it would subscribe for three hundred shares of one hundred dollars each, of the capital stock of the Kansas, Nebraska & Dakota Railroad Company, on the condition that said road shall construct and complete its line of railroad of standard gauge, from a point within the corporate limits of the city of Fort Scott, Bourbon county, Kansas, thence through said township to some…
1Opinion of the Court
Opinion by
Simpson, C.:
The questions discussed in this controversy arejpublic in their nature, and involve some very important consequences to the people in many townships. They all arise on the construction of the act to enable counties, townships and cities to aid in the construction of railroads, etc. (Comp. Laws of 1885, pp. 783-785.) Here two railroad companies are contending that each is first entitled to have the bonds of Agency township, in Osage county, issued to it, be*601cause of elections authorizing subscriptions to their capital stock, the subscriptions having been made on certain…
2Cases cited3 opinions
- Aspinwall v. Board of Commissioners of the Cty. of DaviessSupreme Court of the United States · 1860
- Land Grant Railway & Trust Co. v. Board of CommissionersSupreme Court of Kansas · 1870
- Turner v. Board of CommissionersSupreme Court of Kansas · 1882
3Cited by8 opinions
- State ex rel. Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1906
- Board of Education v. DavisSupreme Court of Kansas · 1926
- Garden City, Gulf & Northern Railroad v. Board of County CommissionersSupreme Court of Kansas · 1910
- Sauner v. Phœnix InsuranceMissouri Court of Appeals · 1890
- Chicago, Kansas & Western Railroad v. EvansSupreme Court of Kansas · 1889
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