State ex rel. Johnson v. Albert
Supreme Court of Kansas
Original Proceeding in Quo Warranto. This is an original proceeding instituted in this court to determine the right to the office of probate judge of Cowley county.
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Original Proceeding in Quo Warranto. This is an original proceeding instituted in this court to determine the right to the office of probate judge of Cowley county. It appears from the pleadings and the agreed facts, that the defendant, H. T. Albert, was duty elected to the office of probate judge in November, 1892, duty qualified, and entered on the discharge of the duties of his office on January 9, 1893 ; that at the regular election held in 1894, D. D. Parry was elected as his successor in office for the ensuing regular term ; that after the result of the election had been duly…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
The only substantial controversy in this case is as to whether the election and qualification of D. D. Parry, as the successor in office of the defendant, and his death after such election and qualification and before the expiration of the defendant’s term of office, caused a vacancy, after the expiration of the term for which the defendant was elected which might be filled by the governor by appointment. The constitution provides, in article 3 :
‘ ‘ Sec . 11. All the judicial officers provided for by this article shall be elected at the…
2Cases cited2 opinions
- State ex rel. Attorney General v. SeaySupreme Court of Missouri · 1876
- State ex rel. Elliott v. BemenderferIndiana Supreme Court · 1884
3Cited by6 opinions
- State ex rel. Godard v. AndrewsSupreme Court of Kansas · 1902
- Toy, Ex Rel. Elliott v. VoelkerMichigan Supreme Court · 1935
- State ex rel. Schmitz v. StewartSupreme Court of Kansas · 1913
- Inhabitants of Sandy River Plantation v. LewisSupreme Judicial Court of Maine · 1912
- Smith v. SnellSupreme Court of Kansas · 1941
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