Legal Opinion

Ellis v. Reddin

Supreme Court of Kansas

Decided July 15, 1873PublishedCited by 6 opinions

Error from Butler District Cou/rt. Ellis filed his petition in the nature of an action of quo warrcunto to recover possession of the office of clerk of the district court of Butler county, to which he alleged he had been duly elected and qualified, and to oust Reddin therefrom. The proceedings in the court bplow are stated in the opinion, infra. The district court, at the February Term 1873, gave judgment for Reddin, and Ellis brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action in the nature of quo warramto. The defendant made a motion in the court below to require the plaintiff to make his petition more definite and certain in certain particulars. The court overruled the motion as a motion, and then treated it as a demurrer, and sustained it as a demurrer, to which ruling the plaintiff excepted. The ruling was evidently erroneous,' and the error was material. There is a vast difference between a motion to make more definite and certain, and a demurrer. And even if the petition would have been…

2Cited by6 opinions

  1. McNinch v. Northwest Thresher Co.Supreme Court of Oklahoma · 1909
  2. Wood v. BartlingSupreme Court of Kansas · 1876
  3. State ex rel. Johnson v. Consumers Public Power DistrictNebraska Supreme Court · 1942
  4. State v. FreemanSupreme Court of Kansas · 1936
  5. Jackson v. National BankSupreme Court of Kansas · 1937

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