Legal Opinion

Lease v. Freeborn

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 5 opinions

Original Proceeding in Quo Warranto. ActioN by Mary E. Lease against J. W. Freeborn, to try defendant’s title to membership of the state board of charities. Heard on demurrer to petition. The facts are sufficiently stated in the opinion herein, filed February 8, 1894. A trustee of the charitable institutions of this state is a constitutional officer, with the term of office prescribed by law, for the full period of three years.

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Original Proceeding in Quo Warranto. ActioN by Mary E. Lease against J. W. Freeborn, to try defendant’s title to membership of the state board of charities. Heard on demurrer to petition. The facts are sufficiently stated in the opinion herein, filed February 8, 1894. A trustee of the charitable institutions of this state is a constitutional officer, with the term of office prescribed by law, for the full period of three years. The governor of the state of Kansas is required to make this appointment, and it must be confirmed by the senate. After that is done, has the governor power to remove…

1Per curiam

This case has been submitted to us upon the petition and the demurrer thereto. It is insisted that there was no vacancy upon the board of trustees of the charitable institutions of the state in March, 1893, and, therefore, that the allegations in the petition do not show that Mrs. Mary E. Lease was ever a member of the board, or, if she was ever a member, that her time expired on the 1st of April, 1893. This is purely technical, and in no way touches the merits of the case. The petition alleges that in March, 1893, Mrs. Lease was appointed by the governor, confirmed by the senate, and…

2Cases cited7 opinions

  1. Page v. HardinCourt of Appeals of Kentucky · 1848
  2. State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
  3. State ex rel. Little v. MitchellSupreme Court of Kansas · 1893
  4. People ex rel. Finlay v. JewettCalifornia Supreme Court · 1856
  5. State ex rel. Campbell v. Board of Police CommissionersSupreme Court of Missouri · 1885

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

3Cited by5 opinions

  1. Barrett v. DuffSupreme Court of Kansas · 1923
  2. Adie v. Mayor of HolyokeMassachusetts Supreme Judicial Court · 1939
  3. Porter v. MurphyCourt Of Appeals Of Indian Territory · 1907
  4. Rowell v. City of Battle CreekMichigan Supreme Court · 1912
  5. Attorney General Opinion No., Kansas Attorney General Reports2010

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