Nash v. City of Glen Elder

Citations

• 81 Kan. 446
• 106 P. 292
• 1910 Kan. LEXIS 370

Syllabus

<p>•SYLLABUS BY THE COURT.</p> <p>1. Constitutional Law — Conferral of Legislative and Judicial Powers on County Boards — Extension of Corporate' Boundaries. Section 1172 of the General Statutes of 1901, empowering county boards to hear and determine the application of a city of the third class for permission to extend its city limits, is not open to the objection that it violates the constitution of the state by conferring upon county boards legislative and judicial powers.</p> <p>2. - Separation of the Powers of Government■ — Intrinsic or Incidental Powers. The case of Nash v. Glen Elder, 74 Kan. 756, followed, and held, notwithstanding the power exercised by the county board in determining whether the proposed extension will cause manifest injury to individuals is so far judicial as to permit an appeal therefrom to the courts, it is not judicial power within the contemplation of the constitutional provisions for the separation of the powers of government.</p>