Tresner v. Rees

The opinion of the court was delivered by

Allen, J.:

This is an original action in quo warranto to oust the defendant from the office of comiiiissioner of elections in the city of Topeka.

Plaintiff in his petition alleges that the governor of the state of Kansas, in conformity with G. S. 1935, 13-309, duly appointed plaintiff to the office of commissioner of elections of the city of Topeka for the term of four years from the 26th day of September, *5821941, and that plaintiff as required by law duly qualified by taking the proper oath of office.

The petition further alleged:

“That, prior to the…