Legal Opinion

Garner v. State ex rel. Moon

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 13 opinions

Error from Rush District Court. The following are the facts, in this case, chronologically stated: On the 12th day of February, 1878, there was an election held in Rush county for the purpose of relocating the county seat of that county; on the 14th day of that month, the board of commissioners met and canvassed the vote, and declared the result in favor of Walnut City.

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Error from Rush District Court. The following are the facts, in this case, chronologically stated: On the 12th day of February, 1878, there was an election held in Rush county for the purpose of relocating the county seat of that county; on the 14th day of that month, the board of commissioners met and canvassed the vote, and declared the result in favor of Walnut City. One Daniel Hammond, feeling himself aggrieved at the result so declared, in May, 1878, commenced a proceeding in mandamus under the provisions of ch. 79, Laws of 1871, and the amendment thereto of ch. 126, Laws of 1872, to…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The judgment of the trial court, which we are asked to review and reverse, is based upon the validity of a prior judgment, rendered May 31,1878, in the action of The State of Kansas, on the relation of Daniel Hammond, against the plaintiff in error as county clerk of Rush county, allowing a peremptory writ of mandamus to issue against Garner as such county clerk, commanding him to remove immediately all the books, papers, documents, effects and things belonging to the office of county clerk of the county of Rush, to La Crosse, and…

2Cases cited1 opinion

  1. Briggs v. EgganSupreme Court of Kansas · 1877

3Cited by13 opinions

  1. Sewall v. McGovernWyoming Supreme Court · 1922
  2. School District No. 3 v. Western Tube Co.Wyoming Supreme Court · 1905
  3. Griggs v. HansonSupreme Court of Kansas · 1912
  4. State Ex Rel. Ralston v. ShowalterSupreme Court of Kansas · 1962
  5. Glickman v. SolomonOregon Supreme Court · 1932

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