Jones v. State ex rel. Atherby
Supreme Court of Kansas
In the case of Jones vs. The State ex. rel. Kingsbury et al a sworn petition to the judge of the district court for the county of Coffey, showed that the relators were citizens and property holders of Burlington, in said county, where the county seat had been located by act of the legislature of 1858; that Jones was clerk of the district court for said county, who refused to hold his office at said town, but held the same at Leroy, claiming to act under the act providing for…
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In the case of Jones vs. The State ex. rel. Kingsbury et al a sworn petition to the judge of the district court for the county of Coffey, showed that the relators were citizens and property holders of Burlington, in said county, where the county seat had been located by act of the legislature of 1858; that Jones was clerk of the district court for said county, who refused to hold his office at said town, but held the same at Leroy, claiming to act under the act providing for an election for the location of the county seat, approved April 30th, 1861; that two elections were held, at the first…
1Opinion of the Court
By the Court,
Cobb, C. J.
These causes, submitted upon the same arguments and involving the same questions, will be considered together.
Section one of chapter twenty of the laws of 1861 provides for the holding of an election on the 2d day of Juno of that year, in the county of Coffey, for the permanent location of the seat of justice in that county, and that the place receiving a majority of all the votes cast shall be such seat of justice.
Section two of the same act provides that in case no place shall receive a majority of all the votes cast, a second election for such seat of justice shall…
2Cases cited3 opinions
- Dishon v. SmithSupreme Court of Iowa · 1859
- People v. CookNew York Supreme Court · 1852
- People v. SchermerhornNew York Supreme Court · 1855
3Cited by35 opinions
- Parvin v. WimbergIndiana Supreme Court · 1892
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
- In re the Estate of JohnsonCalifornia Supreme Court · 1893
- State Ex Inf. McAllister Ex Rel. Lincoln v. BirdSupreme Court of Missouri · 1922
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