Eastman v. Householder
Supreme Court of Kansas
Original Proceeding in Mandamus. On the 16th day of August, 1894, there was .issued out of this court an alternative writ of mandamus, at the instance of the plaintiff and against the defendants, which stated, among other things, that B. D. Eastman is a citizen of the United States and of the state of Kansas, and a resident of said state of Kansas; that defendants M. A. Householder, W. S. Wait, N. M. Hinshaw, Mary E. Lease and Walter N. Allen are the duly appointed,…
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Original Proceeding in Mandamus. On the 16th day of August, 1894, there was .issued out of this court an alternative writ of mandamus, at the instance of the plaintiff and against the defendants, which stated, among other things, that B. D. Eastman is a citizen of the United States and of the state of Kansas, and a resident of said state of Kansas; that defendants M. A. Householder, W. S. Wait, N. M. Hinshaw, Mary E. Lease and Walter N. Allen are the duly appointed, qualified and acting members of the board of trustees of state charitable institutions of said state of Kansas; that prior to…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This is an application to this court, in the exercise of its original jurisdiction, for mandamus to compel the defendants, as trustees of the state charitable institutions, having control of the insane asylum at Topeka, to restore B. D. .Eastman to his official position as superintendent *66of that asylum, and to permit him to exercise the duties of his office without any interruption or intrusion from the defendants or either of them.
It is contended by the defendants that the petitioner has mistaken his remedy, and that mandamus will not…
2Cases cited4 opinions
- Metsker v. NeallySupreme Court of Kansas · 1889
- People ex rel. Lockwood v. ScrughamNew York Supreme Court · 1855
- Feizel v. Trustees of the First German Society of the M. E. ChurchSupreme Court of Kansas · 1872
- People ex rel. Curtin v. Board of EducationNew York Supreme Court · 1891
3Cited by7 opinions
- Patten v. MillerSupreme Court of Georgia · 1940
- State ex rel. Guion v. MilesSupreme Court of Missouri · 1908
- Pratt v. Board of Police & Fire CommissionersUtah Supreme Court · 1897
- State Ex Rel. Blackwood v. BrastWest Virginia Supreme Court · 1925
- Snyder v. EmersonUtah Supreme Court · 1899
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