Hughes v. Parker

The opinion of the court was delivered by

Doster, O. J.:

This was an action of mandamus to compel the canvass of a vote for mayor and the issuance of a certificate of election. The peremptory writ was allowed by the court below, and from the order of allowance this proceeding in error has been instituted. Albert Parker and J. W. P. Hughes were candidates for the office of mayor of the city of Topeka at the biennial election of 1901. The city council, as the canvassing board, declared Hughes elected by a majority of nine votes. In making this canvass, the council took into account not only the…