State ex rel. Dawes v. Board of County Commissioners
Supreme Court of Kansas
Error from Shawnee District Court. Hon. Z. T. Hazen, Judge. This was an action by the State on the relation of the Attorney General against the Board of County Commissioners of Shawnee County to enjoin the Board from issuing or selling the bonds of the County Amounting to $150,000, voted for the purpose of procuring funds to construct a bridge across the Kansas River in the city of Topeka.
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Error from Shawnee District Court. Hon. Z. T. Hazen, Judge. This was an action by the State on the relation of the Attorney General against the Board of County Commissioners of Shawnee County to enjoin the Board from issuing or selling the bonds of the County Amounting to $150,000, voted for the purpose of procuring funds to construct a bridge across the Kansas River in the city of Topeka. In pursuance of the provisions of Chapter 82, Laws of 1895, the County-Board submitted a proposition to the electors of the county upon the question of issuing bonds in the sum of $150,000, for the purpose…
1Opinion of the CourtJohnston, J.
1. Constitutionality of act. Several grounds for injunction were presented by the plaintiff, but the main one is the alleged invalidity of chapter 82, Laws of 1895, under the provisions of which the bonds were voted. It was first suggested that the proposition submitted to the electors for authority to procure a loan and to build the bridge did not receive the requisite number of votes, but at the argument the Attorney General frankly conceded that a sufficient number of affirmative votes were cast to carry the proposition if the statute warranted the voting and issuance of bonds. The…
2Cases cited11 opinions
- Matter of Petition of Anthony DugroNew York Court of Appeals · 1872
- Hobart v. City of DetroitMichigan Supreme Court · 1868
- Barber Asphalt Paving Co. v. HuntSupreme Court of Missouri · 1889
- Kilvington v. City of SuperiorWisconsin Supreme Court · 1892
- Yarnold v. City of LawrenceSupreme Court of Kansas · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Saunders v. City of Iowa CitySupreme Court of Iowa · 1907
- Water District No. 1 v. RobbSupreme Court of Kansas · 1957
- Ford v. City of Great FallsMontana Supreme Court · 1912
- Bunker v. City of HutchinsonSupreme Court of Kansas · 1906
- Reed v. Rockliff-Gibson Const. Co.Supreme Court of Oklahoma · 1910
7 more not listed; retrieve them via the Exa API.