Legal Opinion

Ward v. Clark

Supreme Court of Kansas

Decided January 15, 1886PublishedCited by 4 opinions

Original Proceedings in Quo Warranto. Action in the nature of quo warranto, brought in this court November 28, 1885, by Joseph T. Ward against U. 8. Olarlt. The opinion, filed at the May, 1886, session of the court, states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This is an action in the nature of quo warranto, brought by Joseph T. Ward to try the title to the office of justice of the peace of the city of Topeka, which office, he alleges, has been usurped and is unlawfully held by the defendant, H. S. Clark. The case has been presented here upon the defendant's demurrer to the petition of the plaintiff. From the petition it appears that J. M. Matheny wras elected to the office in question in April, 1885, and resigned it in August of that year. Immediately upon the resignation of Matheny, and more…

2Cases cited2 opinions

  1. State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
  2. Borton v. BuckSupreme Court of Kansas · 1871

3Cited by4 opinions

  1. Stephens v. ReidSupreme Court of Georgia · 1939
  2. State ex rel. Taggart v. HolcombSupreme Court of Kansas · 1910
  3. Cook v. MockSupreme Court of Kansas · 1889
  4. State v. ParrySupreme Court of Kansas · 1893

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