State ex rel. Jackson v. Dolley
Citations
- 83 Kan. 80
- 109 P. 992
- 1910 Kan. LEXIS 474
Syllabus
<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Prerequisite to Action — Bank Guaranty Act— Admission of National Banks. An action of mandamus to compel the bank commissioner to admit the national banks of the state to the benefits of the bank guaranty act can not be maintained until some national bank desires and unavailingly asks for admission.</p> <p>2. - Statutory Construction. The court can not undertake to interpret a statute merely because there is a difference of opinion as to its meaning, and can only require a bank commissioner to perform some specific act or duty; and until a national bank invokes the benefit of the guaranty law there is no duty for him to perform in that connection, nor any basis for the issuance of the compelling writ of mandamus until such application has been refused.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that there was a jury question on scope of employment, where a night watchman shot and killed the plaintiff’s decedent while attempting to remove decedent from the defendant-employer’s railyard
- explaining a question of fact existed whether a homicide was within the scope of employment when a nightguard who was authorized to carry a gun shot and killed suspected trespassers
- intruders shot by night watchman in the course of guarding railroad property
- intruders shot by night watchman in the course of guarding railroad property
Source: CourtListener parenthetical corpus (CC0).
Judges: Benson, Johnston, That
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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