Legal Opinion

State v. Dean

Supreme Court of Kansas

Decided July 15, 1892Published

Appeal from, Ellis District Court. Prosecution for refusal to surrender the records of a certain school district. From a conviction before a justice of the peace, the defendant, Dean, appealed to the district court. At the January ferm, 1892, the action was dismissed and the defendant discharged. The State appeals. The opinion states the facts.

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Appeal from, Ellis District Court. Prosecution for refusal to surrender the records of a certain school district. From a conviction before a justice of the peace, the defendant, Dean, appealed to the district court. At the January ferm, 1892, the action was dismissed and the defendant discharged. The State appeals. The opinion states the facts. The state relies upon the following propositions: First, that as no plea in abatement was filed in the lower court nor in the district court until the defendant’s demurrer to the complaint (motion to quash) had been first heard and overruled in both…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On the 25th day of April, 1889, Patsie Dean was elected and afterward duly qualified as clerk of School District No. 21, of the county of Ellis, in this state. He immediately entered upon the discharge of the duties of the office, and has ever since occupied, and was at the times hereinafter stated occupying, the office by virtue of the election. The annual meeting of school district No. 21, for 1891, was held on the 12th day of August, and at that meeting Bernard Martin claims that he was elected clerk of the school board of the…

2Cases cited1 opinion

  1. Hunt v. Pleasant Hill Cemetery Ass'nSupreme Court of Kansas · 1882

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