Legal Opinion

Gilleland v. Schuyler

Supreme Court of Kansas

Decided January 15, 1872PublishedCited by 85 opinions

Error from Osage District Court. This is a proceeding to contest an election held for the purpose of relocating the county-seat of Osage county. The election was called and held under the provisions of ch. 26, Gen. Stat. of 1868. The towns contesting are Burlingame and Lyndon.

Read the full summary

Error from Osage District Court. This is a proceeding to contest an election held for the purpose of relocating the county-seat of Osage county. The election was called and held under the provisions of ch. 26, Gen. Stat. of 1868. The towns contesting are Burlingame and Lyndon. The election was held on the 18th of October" 1870. The board of county commissioners canvassed the votes, certifying that 1145 vere cast in favor of Lyndon, 997 in favor of Burlingame, and two votes in favor of Keithville; that Lyndon had received a majority of 146 votes, proclamation of which result was duly made. On…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

1. Repeal of statutes effect of. 2. Legislature; binding successor. 3. Right to contest elections. 4. Ch. 104, prospective application. 5 Ch. 79 1871 - its effect on pending proceedings. This is a contest over an election for the relocation of the county-seat of Osage county, and the question which meets us on the threshold is, as to the effect on this proceeding in contest of the repeal, prior to its determination, of the statute under which it was had. The proceeding was commenced under ch. 27 of Laws of 1869, p. 101, which act provides…

2Cases cited14 opinions

  1. The People v. . CookNew York Court of Appeals · 1853
  2. People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
  3. Dishon v. SmithSupreme Court of Iowa · 1859
  4. People v. CookNew York Supreme Court · 1852
  5. People ex rel. Williams v. CicottMichigan Supreme Court · 1868

9 more not listed; retrieve them via the Exa API.

3Cited by85 opinions

  1. Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
  2. Parvin v. WimbergIndiana Supreme Court · 1892
  3. Pinkston v. Rice Motor Co.Supreme Court of Kansas · 1956
  4. City of Beardstown v. City of VirginiaIllinois Supreme Court · 1875
  5. Vance v. RankinIllinois Supreme Court · 1902

80 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API