Eureka Light & Ice Co. v. City of Eureka
Court of Appeals of Kansas
Error from Greenwood District Court. Hon. C. W. Shinn, Judge. This action was brought by the plaintiff in error against the defendant in error, in the District Court of Greenwood County, to recover a deposit of five hundred dollars made by the Eureka Railway and Light Company with the mayor of Eureka, to secure the construction within a given time of a street railway in the city of Eureka.
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Error from Greenwood District Court. Hon. C. W. Shinn, Judge. This action was brought by the plaintiff in error against the defendant in error, in the District Court of Greenwood County, to recover a deposit of five hundred dollars made by the Eureka Railway and Light Company with the mayor of Eureka, to secure the construction within a given time of a street railway in the city of Eureka. Crawford had been granted a franchise upon condition that a certain amount of work on the railway should be done and a certain amount of the construction completed within a given time. Under the grant to…
1Opinion of the Court
1. Corporation not dissolved.
Milton, J.
Defendant in error has filed a motion to dismiss the petition in error for the reason that plaintiff in error, prior to the bringing of this action, had sold and conveyed all its property both real and personal to another corporation : and for the further reason that no new directors or officers had been elected since 1892 by the stockholders of this plaintiff company, and no meeting of the directors or officers held since that date; and for the reason that all but one of its officers and directors are non-residents of Kansas. Other grounds are stated…
2Cases cited3 opinions
- City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- State v. PipherSupreme Court of Kansas · 1882
3Cited by3 opinions
- Water, Light & Gas Co. of Hutchinson v. City of HutchinsonSupreme Court of the United States · 1907
- Whiting v. Village of New BaltimoreMichigan Supreme Court · 1901
- Attica State Bank v. BensonCourt of Appeals of Kansas · 1898