Legal Opinion

Cormack v. Wolcott

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 15 opinions

Original Proceedings in Mandamus. Petition filed in this court on May 24, 1887, by A. R. Cormack, for a writ of mandamus to compel the register of deeds of Russell county to permit the plaintiff to make a set of abstracts of the titles to real estate in that county; on which petition an alternative writ was by the court granted.

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Original Proceedings in Mandamus. Petition filed in this court on May 24, 1887, by A. R. Cormack, for a writ of mandamus to compel the register of deeds of Russell county to permit the plaintiff to make a set of abstracts of the titles to real estate in that county; on which petition an alternative writ was by the court granted. The petition states in substance as follows: That the plaintiff was a resident of the county of Ottawa, and on or about the first of March, 1887, desired to become a resident of Russell county for the purpose of engaging in the business of abstracting the titles in…

1Opinion of the Court

Opinion by

Clogston, C.:

The defendant’s motion to quash must be treated as a demurrer to the petition, and the only question is, Was the plaintiff entitled to an examination of the records and papers in the office of the register of deeds of Russell county, for the purpose of making a set of abstract *393books of the titles to the real estate in that county? The statute under which plaintiff claims the right to make this examination of the records in question, is as follows:

“Every county officer shall keep his office at the seat of justice of his county, and in the office provided by the county,…

2Cases cited2 opinions

  1. Buck & Spencer v. CollinsSupreme Court of Georgia · 1874
  2. Webber v. TownleyMichigan Supreme Court · 1880

3Cited by15 opinions

  1. McBurney v. YoungSupreme Court of the United States · 2013
  2. Payne v. StauntonWest Virginia Supreme Court · 1904
  3. Stuart v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Direct-Mail Service, Inc. v. Registrar of Motor VehiclesMassachusetts Supreme Judicial Court · 1937
  5. Tew v. City of Topeka Police & Fire Civil Service CommissionSupreme Court of Kansas · 1985

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