State ex rel. Mellott v. McCombs

The opinion of the court was delivered by

Hutchison, J.:

This is an original action in mandamus brought by the state of Kansas, on the relation of the county attorney of Wyandotte county, praying for an alternative writ of mandamus against the mayor of Kansas City, Kan., requiring him to sign a contract for the purchase of coal for the city, which contract was agreed to by the governing body of the city by a vote of three to two at a regular meeting of the board of commissioners.

To the alternative writ issued in response to the application of the plaintiff the defendant made answer and return,…