Hale v. Evans
Supreme Court of Kansas
Original Proceedings in Quo Warranto. The facts in this, case were agreed upon, and are copied in full in the opinion, infra. Hale claimed to be the successor of Evans, as justice of the peace, and the question was, when Phans’ term had expired.
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Original Proceedings in Quo Warranto. The facts in this, case were agreed upon, and are copied in full in the opinion, infra. Hale claimed to be the successor of Evans, as justice of the peace, and the question was, when Phans’ term had expired. The constitution (art. 3, §11) provides that “in case of vacancy in any judicial office, it shall be filled by appointment of the governor until the next regular election that shall occur more than thirty days after such vacancy shall have happened.” Township elections held on the first Tuesday in April of each year are regular elections. Gregg was…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is an original action in the nature of quo warranto, brought to determine the right of the respective parties to the office of a justice of the peace of Soldier township, Shawnee county. The facts in relation thereto appear in the following agreed statement of facts:
“It is agreed, that on the 4th of April, 1871, S. C. Gregg was elected a justice of the peace in Soldier township, and that a certificate of election to serve as such justice for the period of two years was issued to him by the board of county commissioners of said county,…
2Cases cited2 opinions
- State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
- Bond v. WhiteSupreme Court of Kansas · 1871
3Cited by1 opinion
- Odell v. DodgeSupreme Court of Kansas · 1876