Comanche County v. Lewis - 133 U.S. 198 (1890)


U.S. Supreme Court

Comanche County v. Lewis, 133 U.S. 198 (1890)

Comanche County v. Lewis

No. 1022

Submitted January 7, 1890

Decided January 27, 1890

133 U.S. 198

ERROR TO THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF KANSAS

Syllabus

Full control over the matter of the organization of new counties in the Kansas is, by its constitution, article 9, § 1, given to the legislature of the state, which has power not only to organize a county in any manner it sees fit, but also to validate by recognition any organization already existing, no matter how fraudulent the proceedings therefor were.

When a legislature has full power to create corporations, its act recognizing as valid a de facto corporation, whether private or municipal, operates to cure all defects in steps leading up to an organization, and makes a de jure out of what was before only a de facto corporation.



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