State ex rel. Ramsey v. Deming

The opinion of the court was delivered by

Dawson, J.:

The state of Kansas, through one of its lawfully authorized officers, brought this action in quo warranto, to challenge the authority of the defendant to exercise the *421powers of a civil magistrate in Reno county under the official title of “judge of the city court of Hutchinson.”

A demurrer to the plaintiff’s petition was sustained. Hence this appeal.

Counsel for the state insist that the statute (Laws 1915, ch. 196) under which the defendant justifies his assumption of judicial powers is unconstitutional, and that the act offends particularly…