Yoe v. Hoffman
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. STATEMENT. These are proceedings in error instituted to reverse judgments of the court of appeals, northern department, by which the plaintiffs in error, W. T. Yoe and J. S. McDowell, were ousted from their offices as members of the board of regents of the Kansas State Agricultural College.
Read the full summary
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. STATEMENT. These are proceedings in error instituted to reverse judgments of the court of appeals, northern department, by which the plaintiffs in error, W. T. Yoe and J. S. McDowell, were ousted from their offices as members of the board of regents of the Kansas State Agricultural College. The facts necessary to be considered are as follows : On the 29th day of March, 1899, an affidavit was filed with the governor, as follows : “ The state of Kansas, county of Riley, ss.: “ H. A.…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The proceedings by virtue of which the defendants in error were removed were instituted under chapter 239, Laws of 1889. (Gen. Stat. 1897, ch. 6, §§33-35; Gen. Stat. 1899, §§ 6362-6364.)
*2701. Investigation confined to charges filed with governor. *269The action of the committee in permitting amended charges to be presented against the defendants in error without the same having been brought to the atten*270tion of the governor, and proceeding thereunder to investigate the charges made in the same, we do not think was justified under the law. Section 1 of…
2Cases cited8 opinions
- Lynch v. ChaseSupreme Court of Kansas · 1895
- State v. HastingsNebraska Supreme Court · 1893
- State v. BushSupreme Court of Kansas · 1891
- State v. LeachSupreme Judicial Court of Maine · 1872
- Falloon v. ClarkSupreme Court of Kansas · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stanley v. JonesSupreme Court of Louisiana · 1941
- State ex rel. Hamilton v. GrantWyoming Supreme Court · 1905
- Bunte v. Mayor of BostonMassachusetts Supreme Judicial Court · 1972
- In Re Investigation of Circuit JudgeSupreme Court of Florida · 1957
- Craft, Exrx. v. ShroyerOhio Court of Appeals · 1947
7 more not listed; retrieve them via the Exa API.