Chicago, Kansas & Western Railroad v. Board of Commissioners
Supreme Court of Kansas
Original Proceeding in Mandamus. All the material facts of this case appear in the opinion herein, handed down July 8, 1892. The admissions made by the pleadings and the evidence offered in behalf of plaintiff, make a prima facie case, entitling the plaintiff to a peremptory writ. In view of the recent decision of this court in H. & S. Rid.
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Original Proceeding in Mandamus. All the material facts of this case appear in the opinion herein, handed down July 8, 1892. The admissions made by the pleadings and the evidence offered in behalf of plaintiff, make a prima facie case, entitling the plaintiff to a peremptory writ. In view of the recent decision of this court in H. & S. Rid. Co. v. Comm’rs of Kingman Co. (48 Kas. 70), we deem it wholly unnecessary to discuss the almost innumerable questions that must arise upon the evidence concerning the sufficiency of the petition, for the reason that in this case it must be deemed and held…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This is a proceeding brought by the Chicago, Kansas & Western Railroad Company to compel the defendants to issue and deliver to plaintiff the bonds of Chase county in accordance with the vote of the people and the contract of the parties. Several phases of the controversy have already received the consideration of the court, and some preliminary questions have been determined. [C. K. & W. Rld. Co. v. Comm’rs of Chase Co., 42 Kas. 223; same case, 43 id. 760. See, also, C. K. & W. Rld. Co. v. Evans, 41 Kas. 94.) It has been finally submitted…
2Cases cited6 opinions
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1889
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Tacey v. IrwinSupreme Court of the United States · 1873
- Hutchinson & Southern Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Southern Kansas & Panhandle Railroad v. TownerSupreme Court of Kansas · 1889
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3Cited by17 opinions
- Board of Commissioners v. MontgomerySupreme Court of Georgia · 1930
- Ackerson v. National Zinc Co.Supreme Court of Kansas · 1915
- State ex rel. Dawson v. Chicago, Burlington & Quincy RailroadSupreme Court of Kansas · 1911
- Lehrling v. LehrlingSupreme Court of Kansas · 1911
- Commercial Nat. Bank v. RobinsonSupreme Court of Oklahoma · 1917
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