Makins v. Board of County Commissioners
This text of 95 P. 394 (Makins v. Board of County Commissioners) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The questions involved in this case are the same as in The State v. Dickinson County, ante, p. 540, except as to the right of Makins to maintain the suit. Under the authority of The State v. Dickinson County, supra, as to the legality of the contract, and of Gas Co. v. Railway Co., 74 Kan. 661, 87 Pac. 883, Bunker v. Hutchinson, 74 Kan. 651, 87 Pac. 884, and chapter 334 of the Laws of 1905 as to the right of Makins to maintain [862]*862the suit, the petition states a cause of action. The ruling of the court sustaining the demurrer thereto is reversed and the case is remanded, with instructions to overrule the demurrer and to proceed.
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Cite This Page — Counsel Stack
95 P. 394, 77 Kan. 861, 1908 Kan. LEXIS 368, Counsel Stack Legal Research, https://law.counselstack.com/opinion/makins-v-board-of-county-commissioners-kan-1908.