Legal Opinion

State ex rel. Attorney General v. Matheny

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 12 opinions

Original Proceedings in Quo Warranto. Matheny was elected county clerk of Wabaunsee county at the general election in 1869, for the term commencing on the second Monday of January, 1870, at which time he entered upon his duties as such officer.

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Original Proceedings in Quo Warranto. Matheny was elected county clerk of Wabaunsee county at the general election in 1869, for the term commencing on the second Monday of January, 1870, at which time he entered upon his duties as such officer. He executed an official bond, and took the usual oath of office, in proper time, but did not file the same with the county treasurer as required by §173, ch. 25, Gen. Stat., p. 293. On the 15th day of November 1870, A. Haneokd, Attorney General, filed in this court his petition or relation, praying for the removal of Matheny from said office of county…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an original proceeding in this court to remove the defendant from the office of county clerk of Wabaunsee county. Twenty causes of action are presented in the petition. We content ourselves with the examination of one. It appears from the testimony that defendant was elected to the office of county clerk of Wabaunsee county, at the general election in November, 1869 ; that he entered upon said office on the second Monday of January, 1870, that being the commencement of his term, and has ever since continued to hold the same; that…

2Cited by12 opinions

  1. State ex rel. Berge v. LansingNebraska Supreme Court · 1895
  2. State ex rel. Bickford v. CockeTexas Supreme Court · 1881
  3. State ex rel. Lysons v. RuffWashington Supreme Court · 1892
  4. County of Scott v. RingSupreme Court of Minnesota · 1882
  5. Borton v. BuckSupreme Court of Kansas · 1871

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