Mo. River, Fort Scott & Gulf Rld. v. Blake

'The opinion of the court was delivered by

This case is like the case of the same plaintiff against Morris, as Treasurer, and Wheaton as Sheriff, of Bourbon county, 7 Kas., 210. The 'decision in that case will control the decision of this. The reasoning in that case does not appear satisfactory to the counsel for the plaintiff in -error. It is possible that a restatement of the grounds of the opinion, after having the benefit of the criticism of counsel, might obviate some of their objections thereto; but the con•clusion would remain unchanged. We are content to let t-hc -decision of this case rest upon the reasons given in that -opinion, without change. The original petition in this case was precisely like that of the Bourbon county case. The /amended petition has some new averments; but the learned *496counsel certainly does not think they are of a character to change the decision, or to challenge a grave review. The judgment will be affirmed.'