Chicago, Kansas & Western Railroad v. Board of Commissioners
Supreme Court of Kansas
Original Proceeding in Mandamus. This is an action of mandamus, commenced originally in this court by the Chicago, Kansas & Western Railroad Company against the board of county commissioners and the county clerk of Chase county, to compel the defendant to issue to the plaintiff certain county bonds. The right of the railroad company to these bonds, as alleged in the alternative writ, is founded upon a certain election, hereafter described.
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Original Proceeding in Mandamus. This is an action of mandamus, commenced originally in this court by the Chicago, Kansas & Western Railroad Company against the board of county commissioners and the county clerk of Chase county, to compel the defendant to issue to the plaintiff certain county bonds. The right of the railroad company to these bonds, as alleged in the alternative writ, is founded upon a certain election, hereafter described. It is alleged in the alternative writ, among other things, that on October 12, 1886, a petition of more than two-fifths of the resident tax-payers of Chase…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
We have already decided several questions involved in or connected with the controversy now set forth in this present action. On two occasions we delivered written opinions. (C. K. & W. Rld. Co. v. Evans, 41 Kas. 94; C. K. & W. Rld. Co. v. Comm’rs of Chase Co., 42 id. 223.) On the other occasions we delivered only oral opinions, which have not been and will not be published. We now deliver another written opinion, although the decision of the question now presented cannot determine the case, nor be of much impartance in the case. The…
2Cases cited1 opinion
- Chicago, Kansas & Western Railroad v. EvansSupreme Court of Kansas · 1889