Chicago, Kansas & Western Railroad v. Ozark Township
Supreme Court of Kansas
Error from Anderson District Court. This was an action brought in the district court of Anderson county by the Township of Omrh against the Colony, Neosho Falls & Western Railroad Company, the Southern Kansas Railway Company, H. K. Winants, H. A. Bearly, and S. A. Herriman, the county commissioners, and A. I). McFadden, the county clerk of said county, to enjoin the defendants from issuing or accepting certain township bonds.
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Error from Anderson District Court. This was an action brought in the district court of Anderson county by the Township of Omrh against the Colony, Neosho Falls & Western Railroad Company, the Southern Kansas Railway Company, H. K. Winants, H. A. Bearly, and S. A. Herriman, the county commissioners, and A. I). McFadden, the county clerk of said county, to enjoin the defendants from issuing or accepting certain township bonds. It afterward appearing that the Chicago, Kansas & Western Railroad Company had, by the consolidation of various railroad companies, succeeded to' all the rights of the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The court below, in rendering judgment in this case, delivered the following opinion, to wit:
“This is an action to restrain the issuance of bonds claimed to have been voted by Ozark township to pay for stock in the Colony, Neosho Falls & Western Railroad Company. It is conceded that a proper petition was presented, the order made, notice given and the election held according to law. It appeared, however, that, three days before the day named for the election, the voters of the township and the railroad company alike became convinced that…
2Cases cited13 opinions
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Lewis v. Commissioners of Bourbon Co.Supreme Court of Kansas · 1873
- Sleeper v. Bullen & DustinSupreme Court of Kansas · 1870
- Memphis, Kansas & Colorado Railway Co. v. ThompsonSupreme Court of Kansas · 1880
- Land Grant Railway & Trust Co. v. Board of CommissionersSupreme Court of Kansas · 1870
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3Cited by5 opinions
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Board of Education v. DavisSupreme Court of Kansas · 1926
- Lux v. Columbian Fruit Canning Co.Supreme Court of Kansas · 1926
- Marshall v. Wichita & Midland Valley RailroadSupreme Court of Kansas · 1915
- Finnup v. School District No. 40Supreme Court of Kansas · 1915