Shull v. Board of Commissioners
Supreme Court of Kansas
Original Proceeding in Mandamus. Action by J. T. Shull against the Board of Commissioners of Gray county and others, for a writ of mandamus to compel defendants to reconvene as a board of canvassers and canvass the full returns as made of the votes east for plaintiff as a .candidate for treasurer of such county at the general election in 1893. The opinion herein was filed October 6, 1894. Under the familiar principle that the duties of a canvassing board are ministerial…
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Original Proceeding in Mandamus. Action by J. T. Shull against the Board of Commissioners of Gray county and others, for a writ of mandamus to compel defendants to reconvene as a board of canvassers and canvass the full returns as made of the votes east for plaintiff as a .candidate for treasurer of such county at the general election in 1893. The opinion herein was filed October 6, 1894. Under the familiar principle that the duties of a canvassing board are ministerial only, plaintiff regards his right to a peremptory writ as clear. The case of Lewis v. Comm’rs of Marshall Co., 16 Kas. 102,…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
At the last general election in Gray county, J. T. Shull, C. S. Warner and A. R. Moebius were candidates and received votes for county treasurer. According to the face of the returns, Shull received 207 votes, Warner 194, and Moebius 24. The county canvassing board, however, rejected the returns from Logan township as to the office of county treasurer, and upon the remaining returns found and declared that Warner was elected. This action is brought by Shull to compel the county commissioners and county clerk to reconvene as a board of…
2Cases cited2 opinions
- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
- State ex rel. Mitchell v. StevensSupreme Court of Kansas · 1880
3Cited by7 opinions
- Knights v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1920
- Board of Trustees v. Board of County CommissionersSupreme Court of Kansas · 1900
- Hines v. StahlSupreme Court of Kansas · 1908
- Board of Education v. KleinSupreme Court of Kansas · 1908
- Boise-Kuna Irrigation District v. HartsonIdaho Supreme Court · 1929
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