State ex rel. Johnston v. Foster
Supreme Court of Kansas
Original Proceedings in Quo Warranto. November 17, 1883, a petition was filed in this court, as follows, (title omitted,) to wit: “1. The state of Kansas, on the relation of ~W. A. Johnston, attorney general, and by virtue of the authority vested in him by law, gives the court here to understand and be informed, that at the general election of the year 1882, and on the 7th day of November, 1882, said defendant, John Foster, was duly elected to the office of county attorney…
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Original Proceedings in Quo Warranto. November 17, 1883, a petition was filed in this court, as follows, (title omitted,) to wit: “1. The state of Kansas, on the relation of ~W. A. Johnston, attorney general, and by virtue of the authority vested in him by law, gives the court here to understand and be informed, that at the general election of the year 1882, and on the 7th day of November, 1882, said defendant, John Foster, was duly elected to the office of county attorney of Saline county, Kansas, for the term of two years, and having duly qualified, did, on the 8th day of January, 1883,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
-'The defendant has filed a motion for a new trial. "Various reasons are alleged. "We shall refer to those discussed by counsel upon the hearing of the motion.
The provision in the act of 1881, prohibiting the manufacture and sale of intoxicating liquors, except for specific purposes, that, “ If any county attorney shall fail or refuse to faithfully perform any duty imposed upon him by this act, he shall be deemed guilty of a misdemeanor, and on conviction thereof in the district court, shall be fined in any sum not exceeding five hundred…
2Cases cited3 opinions
- State ex rel. Keeler v. AllenSupreme Court of Kansas · 1869
- State ex rel. Vance v. WilsonSupreme Court of Kansas · 1883
- Atchison, Topeka & Santa Fé Rld. v. State ex rel. SandersSupreme Court of Kansas · 1879
3Cited by19 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- State v. WinneSupreme Court of New Jersey · 1953
- People ex rel. Hoyne v. NewcomerIllinois Supreme Court · 1918
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
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