Board of Education v. Welch
Supreme Court of Kansas
Original Proceeding m Mandamus. Action brought in this court for a peremptory writ oí mandamus to compel the defendant, as president of the board of education of the city of Topeka, to sign $85,000 of 4-per-cent. 20-year bonds about to be issued. They have been sold to the commissioners of the state school fund, on condition that the commissioners shall be satisfied of their legality.
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Original Proceeding m Mandamus. Action brought in this court for a peremptory writ oí mandamus to compel the defendant, as president of the board of education of the city of Topeka, to sign $85,000 of 4-per-cent. 20-year bonds about to be issued. They have been sold to the commissioners of the state school fund, on condition that the commissioners shall be satisfied of their legality. The election authorizing these bonds was held on March 7, 1893, under chapter 196 of the Laws of 1891. On March 22; 1893, an application to enjoin the issuance of these bonds was made to the district court of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The application to prohibit the issuance of $85,000 of 4-per-cent. 20-year bonds by the board of education of the city of Topeka, recently made to the district court of Shawnee county, after a full hearing, was denied. That judgment, until reversed, modified, or suspended, is conclusive; but it appears that the bonds about to be issued have been sold to the commissioners of the state school fund, and it is important that their legality be settled by this court. In view of the lengthy opinion handed down by the learned trial judge in the…
2Cases cited7 opinions
- Stuart v. School District No. 1Michigan Supreme Court · 1874
- McCormick v. BurtIllinois Supreme Court · 1880
- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
- Powell v. Board of EducationIllinois Supreme Court · 1881
- Knowles v. Board of EducationSupreme Court of Kansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Prchal v. DaileySouth Dakota Supreme Court · 1931
- Citizens Bank v. Cherokee TownshipSupreme Court of Kansas · 1933
- Woodson v. School District No. 28Supreme Court of Kansas · 1929
- Board of Education v. DickSupreme Court of Kansas · 1904
- State Tax Commission v. Board of EducationSupreme Court of Kansas · 1937
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