Legal Opinion

State v. Hunter

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 46 opinions

Original Proceedings in Quo Warranto. This is an original action in the nature of quo warranto, brought in the name of the state, by the county attorney of Leavenworth county, to remove J. H. PEunter from the office of police judge of the city of Leavenworth.

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Original Proceedings in Quo Warranto. This is an original action in the nature of quo warranto, brought in the name of the state, by the county attorney of Leavenworth county, to remove J. H. PEunter from the office of police judge of the city of Leavenworth. The petition alleges that Leavenworth is a city of the first class, and that on or about the first day of April, 1887, J. H. Hunter unlawfully usurped and intruded himself into the office of police judge of that city, and ever since that time has unlawfully held and exercised the duties of the office without any legal or constitutional…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

By this proceeding the plaintiff challenges the right of J. H. Hunter to hold the office of police judge in the city of Leavenworth, and to perform its duties. The obvious purpose of the action, however, is to obtain a determination of the constitutionality of the statutory enactment entitled “An act providing for the police government of cities of the first class, through a board of police commissioners apappointed by the executive council, and also for a similar government for cities of the second class in certain contingencies,”…

2Cases cited24 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  3. The People v. . Simeon DraperNew York Court of Appeals · 1857
  4. People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
  5. Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860

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3Cited by46 opinions

  1. Brown v. City of GalvestonTexas Supreme Court · 1903
  2. Leek v. TheisSupreme Court of Kansas · 1975
  3. In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
  4. State ex rel. White v. BarkerSupreme Court of Iowa · 1902
  5. State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899

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