Garden City, Gulf & Northern Railroad v. Board of County Commissioners

Citations

• 82 Kan. 795
• 109 P. 684
• 1910 Kan. LEXIS 342

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Time of Performance — Substantial Compliance with Conditions — Railroad-aid Bonds — Completion of Road. In mandamus to compel a board of County commissioners to subscribe for stock in a railroad company and issue bonds in aid of its construction, where the defense relied upon was the failure to complete the road within the time stated in the proposition submitted to, the voters, it is held, upon the evidence, that the plaintiff company had substantially complied with the terms and conditions of the contract and is entitled to have the subscription made and the bonds issued.</p> <p>3. Special Election — Bonds—Irregularities in Sheriff’s Proclamation. The sheriff’s proclamation calling a special election to vote upon a railroad-bond proposition contained in the first publication a number of errors in the preamble of the notice. The notice itself correctly stated the date of the election, as did the notices posted by the sheriff, and the errors in the published notice were corrected in the subsequent publications. Held, that the defects were merely for- ■ mal and not sufficient to render the election void.</p> <p>3.'- Statutory Provision for “Second” Election Does Not Prevent Subsequent Elections. In section 7027 of the General Statutes of 1909 (Laws 1887, ch. 183, § 1), authorizing the calling of a second election to vote bonds in aid of a rail- ' road upon a petition of a majority of the legal voters, the word “second” means “another,” or subsequent, election, and the authority of a county, township or city to hold bond elections is not exhausted upon the holding of a first and a second election.</p>