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>