State ex rel. Baird v. Anderson

The opinion of the court was delivered by

Hopkins, J.:

This is an original action in quo warranto to oust the defendant, who is probate judge pro tem. of Wyandotte county, from solemnizing marriages. The plaintiff states that the defendant has solemnized hundreds of marriages and denies his authority so to do.

It is proper to first give consideration to the power and duties of the probate court and the judge thereof.

Section 1, of article III of the constitution reads as follows:

“The judicial power of this state shall be vested in a supreme court, district courts, probate courts, justices of the…