Nation v. Board of County Commissioners
Supreme Court of Kansas
Original proceeding in mandamus. STATEMENT. There is practically no issue of fact under the pleadings. It appears that many years ago both tracts of land in question, then school-lands, were sold and part payment made thereon, and school-land sale certificates issued therefor in the usual form; that sometime thereafter there was a default in the payment of interest, and perhaps of part payments of the principal, at the times required by the contracts, and ineffectual…
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Original proceeding in mandamus. STATEMENT. There is practically no issue of fact under the pleadings. It appears that many years ago both tracts of land in question, then school-lands, were sold and part payment made thereon, and school-land sale certificates issued therefor in the usual form; that sometime thereafter there was a default in the payment of interest, and perhaps of part payments of the principal, at the times required by the contracts, and ineffectual attempts were made to forfeit the contracts; that by successive assignments both certificates came into the hands of one O. B.…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The plaintiffs move that the answer to the alternative writ be stricken from the files, and that a peremptory writ as prayed for in the petition be allowed.
One objection to the answer is that it does not make a physical return of the alternative writ served. We think, however, the answer meets the requirements of section 5190 of the General Statutes of 1901, which prescribes thé procedure and does not require the actual return of the writ.
Another objection is to the appearance of certain attorneys for the county commissioners. If, however, *383the…
2Cases cited1 opinion
- Bushey v. HardinSupreme Court of Kansas · 1906
3Cited by1 opinion
- State ex rel. Jackson v. PratherSupreme Court of Kansas · 1911