Bond v. White
Supreme Court of Kansas
Origi/nal Proceedings in Quo Wa/rranto. In June, 1871, Bond filed his petition in this court claiming to be entitled to the office of sheriff of Montgomery county, and to oust defendant White therefrom, alleging that said White had usurped and intruded himself into said office and unlawfully withheld it from plaintiff. White answered, and plaintiff demurred. The facts are fully stated in the opinion.
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Origi/nal Proceedings in Quo Wa/rranto. In June, 1871, Bond filed his petition in this court claiming to be entitled to the office of sheriff of Montgomery county, and to oust defendant White therefrom, alleging that said White had usurped and intruded himself into said office and unlawfully withheld it from plaintiff. White answered, and plaintiff demurred. The facts are fully stated in the opinion. White claimed the office by virtue of an appointment thereto by the governor in April 1870; and the question was, whether under his said appointment he held only until the vacancy could be filled…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts of this case, so far as they are necessary to a right understanding of the questions involved, are these: At the general election in November, 1869, one Daniel Bruner was elected sheriff of Montgomery county. By virtue of such election he became and was entitled to hold such office until the second Monday of January, 1872. He however failed to qualify, whereby the office became vacant, and in April, 1870, the defendant was appointed by the governor to fill such vacancy. He qualified and entered upon the discharge of his duties as…
2Cases cited1 opinion
- State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
3Cited by10 opinions
- Hagerty v. ArnoldSupreme Court of Kansas · 1874
- Kessler v. FritchmanIdaho Supreme Court · 1911
- Wheatland Grain & Lumber Co. v. DowdenSupreme Court of Oklahoma · 1910
- Hamilton v. RaubSupreme Court of Kansas · 1930
- State ex rel. Little v. WentworthSupreme Court of Kansas · 1895
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