State ex rel. Ayres v. Stockwell
Supreme Court of Kansas
Original Proceedings in Mandamus. On the 21st of May, 1870, an election was held in Ottawa county for the relocation of the county-seat. The places voted for were Lindsey and Minneapolis; and on a canvass of the votes by tbe board of county commissioners, such board declared that Minneapolis bad received a majority of all, the votes cast, and made an order requiring tbe county officers to move tbeir offices from Lindsey to Minneapolis.
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Original Proceedings in Mandamus. On the 21st of May, 1870, an election was held in Ottawa county for the relocation of the county-seat. The places voted for were Lindsey and Minneapolis; and on a canvass of the votes by tbe board of county commissioners, such board declared that Minneapolis bad received a majority of all, the votes cast, and made an order requiring tbe county officers to move tbeir offices from Lindsey to Minneapolis. Pursuant to such order tbe county officers, on or about tbe 1st of June, 1870, did remove tbeir offices, and tbe books, papers, and records thereof to…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1. Practice, mo-demurrer. This is an application for a mandamus-compelling defendants, who are alleged to be county officers of Ottawa county, to remove their-offices with all records, books, and papers to the town of Lindsey in said county. The respondents-have moved to set aside and quash the alternative writ heretofore issued, on the ground that the same does not state-facts sufficient to entitle the relator to the relief sought. This motion to set aside is equivalent to a demurrer to a. petition in an ordinary action.
2. mandamus…
2Cited by13 opinions
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