State ex rel. Mitchell v. Stevens
Supreme Court of Kansas
Original Proceedings in Mandamus. On the 22d of November, 1879, an alternative writ of mandamus was issued out of this court, and directed to T. H. Stevens, F. B. Singer, and J. W. Clehouse, commissioners' of Harper county, commanding them as a canvassing board to meet, on the 12th day of December, 1879, at the county seat of said county, and then and there to canvass and declare the result of the election held on the 4th day of November, 1879, for county officers and on the…
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Original Proceedings in Mandamus. On the 22d of November, 1879, an alternative writ of mandamus was issued out of this court, and directed to T. H. Stevens, F. B. Singer, and J. W. Clehouse, commissioners' of Harper county, commanding them as a canvassing board to meet, on the 12th day of December, 1879, at the county seat of said county, and then and there to canvass and declare the result of the election held on the 4th day of November, 1879, for county officers and on the question of the permanent location of the county seat of that county, or to-show cause, etc. The defendants appeared…
1Opinion of the Court
*457The opinion of the court was delivered by
Brewer, J.:
This is an action of mandamus, to compel the defendants, as canvassing board of the county of Harper,, to canvass and déclare the result of the election held in November last for county officers, and on the question of the-location of the county seat. The defendants, for one ground of defense, return that there were only about 800 legal voters-in said county at the date of said election, whereas the returns as made show a vote of 2,947 purporting to have been polled, and that therefore at least 2,147 of such votes were fraudulent and…
2Cases cited2 opinions
- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
- State ex rel. Wells v. MarstonSupreme Court of Kansas · 1870
3Cited by26 opinions
- City of Pond Creek v. HaskellSupreme Court of Oklahoma · 1908
- State ex rel. Davis v. WillisNorth Dakota Supreme Court · 1910
- State ex rel. McBride v. Board of CommissionersSupreme Court of Kansas · 1881
- Stearns v. State Ex Rel. BiggersSupreme Court of Oklahoma · 1909
- State ex rel. Hathorn v. United States Express Co.Supreme Court of Minnesota · 1905
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