State v. Durkee
Supreme Court of Kansas
Error from Russell District Court. The action below grew out of a county-seat controversy. The county of Russell was duly organized, and the town of Russell designated as the temporary county-seat. The first election was held September 15th, 1872, for the permanent location of the county-seat, and for the election of county officers. A canvass of the votes made by the temporary commissioners showed a majority in favor of Bunker Hill for the county-seat.
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Error from Russell District Court. The action below grew out of a county-seat controversy. The county of Russell was duly organized, and the town of Russell designated as the temporary county-seat. The first election was held September 15th, 1872, for the permanent location of the county-seat, and for the election of county officers. A canvass of the votes made by the temporary commissioners showed a majority in favor of Bunker Hill for the county-seat. The county officers declared elected duly qualified. The friends of Russelb claimed that fraudulent votes had been cast, and proposed to…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This seems to be intended as an action in the nature of quo warranto, with a prayer for an injunction as an ancillary proceeding. A temporary injunction was granted by the judge of the court below, restraining the defendants Durkee, Eastland, Kinney, Dunlap, Landis, Ar-buckle, and Pratt from exercising the duties of, or interfering with, certain county offices of Russell county, which offices these defendants claimed respectively to hold and fill. After*314ward said temporary injunction was dissolved; and the state, as plaintiff in error, now…
2Cases cited4 opinions
- Cochran v. McClearySupreme Court of Iowa · 1867
- Hartt v. HarveyNew York Supreme Court · 1860
- People ex rel. Wood v. DraperNew York Supreme Court · 1857
- Markle v. WrightIndiana Supreme Court · 1859
3Cited by10 opinions
- Merced Bank v. RosenthalCalifornia Supreme Court · 1893
- Commissioners of Saline Co. v. AndersonSupreme Court of Kansas · 1878
- Braidy v. TherittSupreme Court of Kansas · 1877
- Brady v. SweetlandSupreme Court of Kansas · 1874
- State ex rel. Day v. BucklandSupreme Court of Kansas · 1880
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