12 Kan. 441 | Kan. | 1874
The opinion of the court was delivered by
This case is in some respects very much like the case of The State v. Pawnee County, just decided; (supra, pp. 426, 437.) It is an original proceeding in this court in the nature of quo warranto.' The questions involved in this case, as in the Pawnee county case, are raised on petition, answer, and demurrer to the answer. We shall discuss only such of the questions involved in this case as differ from those discussed in the Pawnee county case, and such only as are necessary to be considered in the decision of this case. The plaintiff has made the county of Ford, in its organized, corporate capacity, a party defendant, thereby substantially admitting that such county has an actual corporate existence, and then asks that we shall decide that such county never had any legal corporate existence. Whether this is correct pleading, we shall not now stop to decide, as the plaintiff has also made the acting county commissioners, in their individual capacity, and also the county clerk, in his individual capacity, parties defendant. Hence, if we should hold that the plaintiff had made a mistake in making the county in its organized corporate capacity a party defendant, we should allow the plaintiff to amend its petition by striking out the name of the county as a party.
The boundaries of Ford county have been regularly established by law. (Gen. Stat., 235, § 25.) And an attempt has been made to organize the county under the general laws of Kansas. (Gen. Stat., 249; Laws of 1872, p. 243.) And while
In this case, as well as in the Pawnee county case, there was a recognition by the legislature of a county organization. In this case the recognition was by passing an act providing for terms of the district court to be held in said Ford countv. (Laws of 1873, up. 165, 166, §§ 1, 2, 7.) But as there was no attempt by the legislature to es
The demurrer to the answer must be sustained.