Pinkerton v. Miller
Supreme Court of Kansas
Original Proceedings in Quo Warranto. Action brought by Pinkerton iu this court, to oust Miller from the office of justice of the peace of the city of Clay Center. The defendant demurred to the petition, alleging that’it does not state facts sufficient to-constitute a cause of action. The opinion contains ,a sufficient statement of the facts. ■
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The demurrer in this case to the petition must be overruled. Under the allegations in the petition the election in April, 1882, was the proper time for the election of a justice of the peace in Clay Center, to succeed defendant. At said election, the defendant was a candidate for the office as his own successor. The plaintiff was also a candidate to succeed him; at the election, plaintiff received one hundred and fifty-one votes as the successor of defendant, and defendant received sixty only. After the election, the returns were duly…
2Cases cited2 opinions
- Wood v. BartlingSupreme Court of Kansas · 1876
- Frazer v. MillerSupreme Court of Kansas · 1874