State v. Breese
Supreme Court of Kansas
Original Motion for Mandamus. The county attorney of Chase county, as relator, filed in this court a petition and motion for a mandamus, to compel jBreese, as clerk of the Chase district court, to issue a warrant on a criminal action.
Read the full summary
Original Motion for Mandamus. The county attorney of Chase county, as relator, filed in this court a petition and motion for a mandamus, to compel jBreese, as clerk of the Chase district court, to issue a warrant on a criminal action. The petition shows that one J. W. Ferry was on the 20th of February 1875 arrested and brought before a justice of the peace of Chase county on a charge of assault with intent to kill one Daniel Wood; that a preliminary examination was held by the justice, which resulted in binding Ferry over to appear at the next term of the district court, and that in default…
1Opinion of the Court
*125The opinion of the court was delivered by
Brewer, J.:
This is an application for a mandamus to compel the defendant, the clerk of th'e district court of Chase county, to issue certain process. It is addressed in the first instance to this court, and no reason is given why the application was not made to the district court. The defendant is an officer of the district court. The duty which he is charged with neglecting, is one devolving upon him as such officer. It seems to tis there are many reasons why an application to compel him to discharge any of those duties should be addressed in the…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fe Rld. v. Comm'rs of Jefferson Co.Supreme Court of Kansas · 1873
3Cited by9 opinions
- In re the Disbarment of BurnetteSupreme Court of Kansas · 1906
- The Homesteaders v. McCombs, Ins. Com'r.Supreme Court of Oklahoma · 1909
- People ex rel. Kocourek v. City of Chicago & Schlesinger & MeyerIllinois Supreme Court · 1901
- Boylan v. WarrenSupreme Court of Kansas · 1888
- Kansas & Oklahoma Railway Co. v. City of LiberalSupreme Court of Kansas · 1921
4 more not listed; retrieve them via the Exa API.