Legal Opinion

Bland v. Jackson

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 4 opinions

Original Proceeding in Mandamus. An election was held in the city of Atchison for city officers on Tuesday, the 4th day of April, 1893. W. T. Bland and Marshall J. Cloyes were the candidates for the office of mayor.

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Original Proceeding in Mandamus. An election was held in the city of Atchison for city officers on Tuesday, the 4th day of April, 1893. W. T. Bland and Marshall J. Cloyes were the candidates for the office of mayor. On Friday,.the 7th day of April, 1893, the mayor and council men of the city, sitting as a board of canvassers to canvass the returns of the election, declared W. T. Bland had been elected mayor, and directed that the certificate of election to such office be given to him. On the 8th of April, 1893, he took the oath of office and attempted to assume the duties thereof. On…

1Opinion of the Court

The opinion of the court was delivered by. Horton, C. J.':

The only question in this case for our determination is, whether there is any power in the courts to revise the action of the mayor and council of a city of the first class sitting as a tribunal to try a contested election over a city office. If a petition in error' will lie from the decision of such a tribunal, then it was the duty of the defendants to allow and sign a correct bill of exceptions. Section 540 of the civil code reads:

“A judgment rendered, or final order made, by a justice of the peace, or any other tribunal, board or…

2Cases cited3 opinions

  1. Wren & Clawson v. Board of CommissionersSupreme Court of Kansas · 1880
  2. State ex rel. McDonald v. SheldonSupreme Court of Kansas · 1864
  3. Points v. JacobiaSupreme Court of Kansas · 1873

3Cited by4 opinions

  1. State ex rel. Godard v. JohnsonSupreme Court of Kansas · 1900
  2. Cherokee & Pittsburg Coal & Mining Co. v. Board of County CommissionersSupreme Court of Kansas · 1905
  3. Yeager v. AikmanSupreme Court of Kansas · 1909
  4. Kutch v. CosnerSupreme Court of Oklahoma · 1950

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