Little v. Davis

The opinion of the court was delivered by

Porter, J.:

This is an original proceeding in quo warranto, and the question involved arises upon a motion to dismiss.

At the general election in November, 1908, the plaintiff and the defendant were candidates against each other for the office of coroner of Wyandotte county. The official returns showed that the defendant had received twenty-five more votes than the plaintiff, and the canvassing board declared him duly elected. He received the certificate of election, and thereafter qual*778ified and entered upon the duties of the office. Within the time…