Legal Opinion

Hagerty v. Arnold

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 29 opinions

Original Proceedings in Mandamus. Hagerty, claiming to have been elected to the office of sheriff of Harvey county, at the general election held in November 1873, for the term of two. years, to commence in January 1874, commenced proceedings in this court on the 21st of November 1873, in his own name as plaintiff, to compel the board of county commissioners and the county clerk of said Harvey county to canvass the votes cast at said election for county officers.

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Original Proceedings in Mandamus. Hagerty, claiming to have been elected to the office of sheriff of Harvey county, at the general election held in November 1873, for the term of two. years, to commence in January 1874, commenced proceedings in this court on the 21st of November 1873, in his own name as plaintiff, to compel the board of county commissioners and the county clerk of said Harvey county to canvass the votes cast at said election for county officers. An alternative writ was granted and issued. After reciting the facts at length, (which are sufficiently stated in the opinion,) said…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

On the 10th of April 1872 the governor, having received the requisite papers preparatory to the organization of the county of Harvey, appointed commissioners and county clerk for that purpose, as the statute requires. On the 20th of May thei’eafter a special election was held, at which a full set of county officers was elected, and immediately thereafter qualified. At the general election in November 1872 all the county officers were elected, among which C. A. Tracy was elected sheriff. At the general elec*381tion in November 1873 the…

2Cases cited1 opinion

  1. Bond v. WhiteSupreme Court of Kansas · 1871

3Cited by29 opinions

  1. Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
  2. Comm'rs of Ottawa Co. v. NelsonSupreme Court of Kansas · 1877
  3. Moore v. SmithSupreme Court of Kansas · 1945
  4. Smith v. LawrenceSouth Dakota Supreme Court · 1891
  5. State ex rel. Godard v. AndrewsSupreme Court of Kansas · 1902

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