City of Atchison v. Butcher
Supreme Court of Kansas
Error from Atchison County. Tlie subjoined opinion of tlie court contains tlie substance of tlie agreed statement of facts, and also of tlie ordinances of tlie city bearing upon the questions decided. Tlie action was commenced by defendant in error against plaintiff in error on eight interest coupons, due on bonds of the city, issued to pay the subscription of the city to the capital stock of the Atchison and St. Joseph Railroad Company.
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Error from Atchison County. Tlie subjoined opinion of tlie court contains tlie substance of tlie agreed statement of facts, and also of tlie ordinances of tlie city bearing upon the questions decided. Tlie action was commenced by defendant in error against plaintiff in error on eight interest coupons, due on bonds of the city, issued to pay the subscription of the city to the capital stock of the Atchison and St. Joseph Railroad Company. The plaintiff in error, (defendant below,) answered, setting up various defenses impeaching the validity of the bonds. The case was submitted to the court…
1Opinion of the Court
By the Cov/rt,
Crozieb, C. J.
The city of Atchison was created a corporation under the act of the territorial legislature approved Eeb. 12,1858. That act contained among others, the following provisions:
“ Section 30: Power to subscribe for stock in railroad companies — proviso, question to be submitted to the people. That the city of Atchison as hereby incorporated shall have power to subscribe for stock in any railroad company proposing to build a railroad leading to or from said city of Atchison in Kansas territory or opposite to said city on the bank of the Missouri river in the state of…
2Cited by16 opinions
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- City of Muscatine v. WatersSupreme Court of Iowa · 1977
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