Legal Opinion

Rosenthal v. State Board of Canvassers

Supreme Court of Kansas

Decided January 15, 1893PublishedCited by 19 opinions

Original Proceeding in Mandamus. Action by Joseph Rosenthal against the State Board of Canvassers of the State of Kansas and others, to compel defendants to determine that he has received the highest number of votes cast in the 121st representative district for member of the house of representatives, and to issue a certificate therefor. Writ refused. All of the material facts appear in the opinion, filed January 7, 1893.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action of mandamus to compel the board of state canvassers to convene and determine that Joseph Rosenthal has received the greatest number of votes cast in the 121st representative district for member of the house of representatives, and, after having declared him duly elected to that office, to issue to him a certificate. The facts in the case are as follows: Joseph Rosenthal, at the general election held on the 8th of November, 1892, being eligible thereto, was a candidate for the office of member of the house of…

2Cases cited6 opinions

  1. Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
  2. State ex rel. Wells v. MarstonSupreme Court of Kansas · 1870
  3. Bowen v. HixonSupreme Court of Missouri · 1870
  4. State ex rel. Price v. CarneySupreme Court of Kansas · 1864
  5. Clark v. BuchananSupreme Court of Minnesota · 1858

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3Cited by19 opinions

  1. State ex rel. Sullivan v. SchnitgerWyoming Supreme Court · 1908
  2. State v. StannardOregon Supreme Court · 1917
  3. Crouse v. NixonSupreme Court of Kansas · 1902
  4. Roberts v. MarshallSupreme Court of Oklahoma · 1912
  5. Citizens Bank v. Cherokee TownshipSupreme Court of Kansas · 1933

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