Shellabarger v. Board of Commissioners
Supreme Court of Kansas
Original Proceeding in Mandamus. Action by Ed. Shellabarger against the Board of Commissioners of Jackson County, and another, to compel defendants to recanvass the votes cast for representative of the 38th representative district in the general election in 1892. Writ refused. The material facts are stated in the opinion herein, handed down January 7, 1893.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is an application brought originally in this court, by Ed. Shellabarger, for a writ of mandamus to compel the board of county commissioners of Jackson county, as a board of county canvassers, and the county clerk, to reconvene and recanvass the votes cast at the general election held in November, 1892, for the office of representative of the 38th representative district. It appears that the board, in its previous canvass, declared that-for that office Nick Kline received 956 votes, Shellabarger received 766 votes, and Moses Sarbach…
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