State ex rel. Adams v. Hillyer
Supreme Court of Kansas
Quo Warranto. Tlie facts in tbe case were agreed upon substantially as follows: February 14, 1862. The House by resolution impeached John W. Robinson and Geo. S. Hillyer. February 15, 1862. The House by its committee notified the Senate of the impeachments. February 15, 1862. The House appointed a committee of managers to conduct the impeachments» February 18, 1862. The Senate presented rules to be observed in cases of impeachment.
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Quo Warranto. Tlie facts in tbe case were agreed upon substantially as follows: February 14, 1862. The House by resolution impeached John W. Robinson and Geo. S. Hillyer. February 15, 1862. The House by its committee notified the Senate of the impeachments. February 15, 1862. The House appointed a committee of managers to conduct the impeachments» February 18, 1862. The Senate presented rules to be observed in cases of impeachment. February 26, 1862. Replication of House filed. February 26, 1862. Articles’ of impeachment of Hill-yer adopted by House and presented to the Senate. February 27,…
1Opinion of the Court
By the Court,
Kingman, J.
The facts of the case were agreed upon leaving for the Court to decide the single question, whether the session held by the Senate when it tried' and pronounced judgment in the case, was a legal and constitutional one.
This is denied on two grounds.
1st. There is no power in the Senate to set for the purpose of trying impeaclúnents when the House is not in session.
2d. If such power exists, the adjournment of the Senate to the 1st Monday in June was without consent of the House, and void; and if valid, was annulled by the subsequent concurrent resolution adjourning the…
2Cited by5 opinions
- In re GunnSupreme Court of Kansas · 1893
- Cooper v. SeavernsSupreme Court of Kansas · 1909
- In Re Opinions of the JusticesSupreme Court of Alabama · 1927
- Opinion of the JusticesSupreme Court of Alabama · 1972
- Opinion of the JusticesSupreme Court of Alabama · 1976