Legal Opinion

Board of Commissioners v. Smith

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 10 opinions

Error from Coffey District Court. On, and for more than five years prior to, the 18th day of January, 1892, and at this time, C. O. Smith was, and is, the publisher of the Burlington Republican, a weekly newspaper, printed and published in the city of Burlington, in the county of Coffey, in this state, and having a general circulation therein.

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Error from Coffey District Court. On, and for more than five years prior to, the 18th day of January, 1892, and at this time, C. O. Smith was, and is, the publisher of the Burlington Republican, a weekly newspaper, printed and published in the city of Burlington, in the county of Coffey, in this state, and having a general circulation therein. On the 7th day of January, 1892, the board of county commissioners of Coffey county, then composed of W. H. Robson, Stephen Baird, and O. R. Tanner, (the last named being the chairman of the board,) at a regular session thereof, entered into a written…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

It was decided in Shelden v. Comm’rs of Butler Co., 48 Kas. 356, that—

“On the second Monday of January after each general election at which a commissioner has been elected, the board of county commissioners as an organized body is dissolved, and the office of chairman is vacant, and, before the commissioners can transact any county business other than to elect a chairman, or fill a vacancy in the office of a commissioner, the board must be again organized, and the hands of such new board or organization, as to the designation of the…

2Cases cited2 opinions

  1. Shelden v. Board of CommissionersSupreme Court of Kansas · 1892
  2. Board of Commissioners v. State ex rel. BeebeSupreme Court of Kansas · 1891

3Cited by10 opinions

  1. Board of County Commissioners v. SimmonsSupreme Court of Kansas · 1944
  2. Manley v. ScottSupreme Court of Minnesota · 1909
  3. Picket Publishing Co. v. Board of County CommissionersMontana Supreme Court · 1907
  4. Town of Tempe v. CorbellArizona Supreme Court · 1915
  5. Kennedy v. Board of Shawnee County Comm'rsSupreme Court of Kansas · 1998

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