Legal Opinion

Rathburn v. Hamilton

Supreme Court of Kansas

Decided June 9, 1894PublishedCited by 14 opinions

Original Proceeding in Quo Warranto. The opinion herein, filed June 9, 1894, contains a statement of the material facts.

1Opinion of the Court

The opinion of the court was delivered by

JohnstoN, J.:

This action was brought to determine who was entitled to the office of county commissioner for the first district of Mitchell county. A. D. Rathburn and H. H. Hamilton were rival candidates for that office at the general election held on November 7, 1893. The total number of votes cast for the office was 799; and, according to the canvassed returns, Hamilton received 445 votes while Rathburn received 354 votes. Hamilton was declared elected to the office, of which he has taken possession, and is now discharging the duties and receiving the…

2Cases cited2 opinions

  1. Wilkinson v. ElliottSupreme Court of Kansas · 1890
  2. Standard Implement Co. v. Parlin & Orendorff Co.Supreme Court of Kansas · 1893

3Cited by14 opinions

  1. Norris v. Cross, Secretary of StateSupreme Court of Oklahoma · 1909
  2. City of Overland Park v. NikiasSupreme Court of Kansas · 1972
  3. Arbuckle Bros. v. KirkpatrickTennessee Supreme Court · 1897
  4. State ex rel. Twichel v. HallNorth Dakota Supreme Court · 1918
  5. State v. HethSupreme Court of Kansas · 1899

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