Legal Opinion

State ex rel. Bradford v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 5 opinions

Error from Sherman District Court. On November 23,1887, the state of Kansas, upon the relation of the attorney general, brought its action against the county commissioners of Sherman county to restrain and enjoin them from meeting as a board of canvassers to canvass and declare the result of the returns of an election held in Sherman county on November 22,1887, to locate the permanent county seat of that county.

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Error from Sherman District Court. On November 23,1887, the state of Kansas, upon the relation of the attorney general, brought its action against the county commissioners of Sherman county to restrain and enjoin them from meeting as a board of canvassers to canvass and declare the result of the returns of an election held in Sherman county on November 22,1887, to locate the permanent county seat of that county. In the absence of the district judge from the county, a temporary injunction was granted by the probate judge. On February 1, 1888, a motion to dissolve the temporary injunction was…

1Opinion of the Court

*297The opinion of the court was delivered by

Horton, C. J.:

Sherman county was organized September 20,1886, at which time Eustis was designated by the governor as the temporary county seat of the county. A special election was held on November 8,1886, for the permanent location of the county seat. Eustis received three hundred and seventy-six votes; Sherman Center, three hundred and fifteen votes; and Voltaire, two hundred and forty-one votes. The election therefore resulted in no choice, as none of the towns voted for received a majority of the votes cast. On October 3,1887, a petition was filed…

2Cases cited3 opinions

  1. Jones v. State ex rel. AtherbySupreme Court of Kansas · 1863
  2. Gossard v. VaughtSupreme Court of Kansas · 1872
  3. Benton v. NasonSupreme Court of Kansas · 1881

3Cited by5 opinions

  1. Barnes v. McLeodMississippi Supreme Court · 1932
  2. Piper v. MooreSupreme Court of Kansas · 1947
  3. City of Wichita v. RobbSupreme Court of Kansas · 1947
  4. State Ex Rel. Johnson v. SchmidtSupreme Court of Kansas · 1958
  5. State Ex Rel. Johnson v. SchmidtSupreme Court of Kansas · 1958

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