Board of Education v. Spencer
Supreme Court of Kansas
Original Proceeding in Mandamus. It is alleged in the alternative writ that Ezra Spencer is the county treasurer of Sumner county; that the defendant William H. Carnes is the county clerk, and the other defendants are county commissioners of said county; that the county was organized by proclamation of the governor on February 7, 1871. The writ then states the names and terms of office of all the various persons who have held the several offices named since the organization…
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Original Proceeding in Mandamus. It is alleged in the alternative writ that Ezra Spencer is the county treasurer of Sumner county; that the defendant William H. Carnes is the county clerk, and the other defendants are county commissioners of said county; that the county was organized by proclamation of the governor on February 7, 1871. The writ then states the names and terms of office of all the various persons who have held the several offices named since the organization of the county. It then states that in 1872 school district No. 20 was duly organized, including within its limits the…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
The first ground of the motion to quash is, that the plaintiff has a plain and adequate remedy at law, and that the cases of The State, ex rel., v. McCrillus, 4 Kas. 250; The State, ex rel., v. Bridgman, 8 id. 458; Byington v. Hamilton, 37 id. 758; The State, ex rel., v. Hannon, 38 id. 593, are decisive of this case. Those cases all relate to the payment of claims of private persons out of public funds. This ease is to be distinguished from those cases, because here it is sought only to transfer funds raised by taxation for a public purpose…
2Cases cited1 opinion
- State ex rel. Meier v. McCrillusSupreme Court of Kansas · 1868
3Cited by4 opinions
- City of Osawatomie v. Board of County CommissionersSupreme Court of Kansas · 1908
- City of Kansas City v. StewartSupreme Court of Kansas · 1913
- State ex rel. Schermerhorn v. McCannWisconsin Supreme Court · 1900
- State ex rel. Jackson v. PratherSupreme Court of Kansas · 1911