Golden v. Elliott
Supreme Court of Kansas
Error from Labette District Court. Golden and four others, electors and taxpayers of Labette City, on the 4th of April, 1873, filed their petition for a mandamus to compel Elliott and the other county officers to remove their offices, records, etc., from Oswego to Labette City, alleging that the county-seat of Labette county had been located at Labette City at an election held February 28,1871. The record shows that at said election there were 2508 votes cast, of which 1200…
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Error from Labette District Court. Golden and four others, electors and taxpayers of Labette City, on the 4th of April, 1873, filed their petition for a mandamus to compel Elliott and the other county officers to remove their offices, records, etc., from Oswego to Labette City, alleging that the county-seat of Labette county had been located at Labette City at an election held February 28,1871. The record shows that at said election there were 2508 votes cast, of which 1200 were cast in favor of Oswego, and 1308, in favor of Labette City; that on the 3d of March, 1871, in action instituted by…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
On the 15th of February, 1871, a county-seat election was held in Labette county. No place received a majority of all the votes, and on February 28th, 1871, a second election was held to decide between the two places having the highest number of votes. At such election the returns showed a majority in favor of Labette City. On the 3d of March, 1871, the judge of the district court issued a restraining order against the commissioners of said county, restraining them from canvassing the votes, proclaiming the result, or removing the county…
2Cases cited1 opinion
- State ex rel. Wells v. MarstonSupreme Court of Kansas · 1870
3Cited by5 opinions
- Kolster v. American Gas Co.Supreme Court of Kansas · 1920
- Citizens Utilities Co. v. City of GoodlandSupreme Court of Kansas · 1937
- Kansas & Oklahoma Railway Co. v. City of LiberalSupreme Court of Kansas · 1921
- State ex rel. Smith v. Board of County CommissionersSupreme Court of Kansas · 1931
- State v. Board of CommissionersSupreme Court of Kansas · 1882