Yoe v. Hoffman
Supreme Court of Kansas
Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. STATEMENT. These are proceedings in error instituted to reverse judgments of the court of appeals, northern department, by which the plaintiffs in error, W. T. Yoe and J. S. McDowell, were ousted from their offices as members of the board of regents of the Kansas State Agricultural College.
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Error from court of appeals, northern department; John H. Mahan, Abijah Wells, and Sam’l W. McElroy, judges. STATEMENT. These are proceedings in error instituted to reverse judgments of the court of appeals, northern department, by which the plaintiffs in error, W. T. Yoe and J. S. McDowell, were ousted from their offices as members of the board of regents of the Kansas State Agricultural College. The facts necessary to be considered are as follows : On the 29th day of March, 1899, an affidavit was filed with the governor, as follows : “ The state of Kansas, county of Riley, ss.: “ H. A.…
1DissentDoster, C. J.
(dissenting) : I dissent from the judgment of the majority of the court. I dissent for two reasons: (1) Because it does not appear from the report of the legislative committee to the governor that the contract taken by Regent Limbocker to superintend the college dining-hall and the work performed by him under such contract was for a “profit” over and above the amount to which he was entitled as compensation for his services as a regent; (2) because the committee did not state in their report, or find any facts equivalent to a statement, that the taking of the contract, the doing of the work…
2Cases cited7 opinions
- State v. HawkinsOregon Supreme Court · 1890
- State v. HastingsNebraska Supreme Court · 1893
- Triplett v. MunterCalifornia Supreme Court · 1875
- State ex rel. Bradford v. ScatesSupreme Court of Kansas · 1890
- State v. EastmanSupreme Court of Kansas · 1899
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