Legal Opinion

State ex rel. Tholen v. Farrell

Supreme Court of Kansas

Decided January 15, 1878PublishedCited by 3 opinions

Original Proceedings in Quo Warranto. Action in the name of The State, upon the relation of Charles Tholen, to try the title to the office of justice of the peace. The petition was filed on the 19th of April 1878, and was signed by Joseph W. Taylor, as county attorney of Leavenwqrth county, and was verified by Tholen, relator.

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Original Proceedings in Quo Warranto. Action in the name of The State, upon the relation of Charles Tholen, to try the title to the office of justice of the peace. The petition was filed on the 19th of April 1878, and was signed by Joseph W. Taylor, as county attorney of Leavenwqrth county, and was verified by Tholen, relator. Farrell had been elected to the office of justice of the peace of the city of Leavenworth in 1876, and contended that his term would not expire until the 10th of November 1878, and that his successor should be chosen at the general election to be held in November 1878.…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This is an action in the nature of quo warranto, brought originally in this court in the name of the state by Joseph W. Taylor, county attorney of Leavenworth county, for the purpose of having the question determined whether Joseph W. Farrell is entitled to the office of justice of the peace in and for Leavenworth city in said county. The county attorney claims that Farrell is not entitled to said office, and that Charles Tholen is. Farrell claims under an election held in the city of Leavenworth on the Tuesday succeeding the first Monday…

2Cited by3 opinions

  1. Rockwell v. KetchumSupreme Court of Iowa · 1910
  2. Showalter v. CoxSupreme Court of Kansas · 1881
  3. State v. ParrySupreme Court of Kansas · 1893

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