Winton v. Wilson
Supreme Court of Kansas
Error from Labette District Court. At the October term, 1889, judgment was rendered for the defendant Wilson, as sheriff of Labette county; the plaintiffs Winton and another, bring the case to this court. The nature of the action, and the material facts, are set forth in the opinion.
1Opinion of the Court
Opinion by
Green, C.:
The plaintiffs, in the court below, applied for a writ of mandamus to require the defendant, who was the sheriff of Labette county, to publish a certain notice of a sale of real estate in the Oswego Independent. Having paid the publisher the fee for such notice and taken a receipt therefor, they presented the same to the sheriff with the request that he publish said notice in said newspaper. The sheriff refused, assigning as a reason the right to decide for himself where he would publish his legal notices. The court below held that the plaintiffs were not entitled to the…
2Cited by1 opinion
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