Whitaker v. City of Topeka

The opinion of the court was delivered by

Wells, J. :

Prior to August 3, 1895, Frank Herald was the legally qualified and acting commissioner of elections for the city of Topeka. Upon said day the governor of the state legally issued an order removing him from said office, and R. B'. McMaster was duly appointed to fill the unexpired term. McMaster qualified and demanded possession of the office, which was refused, and an action of quo warranto was brought in the supreme court, said Herald ousted from office on December 7, 1895, and McMaster installed therein. During the period between August 3…