County-Seat of Linn County
Supreme Court of Kansas
Original Proceedings in Mandamus. On the 7th of September 1875, Fred. Wagner, mayor of the city of Pleasanton, as relator, filed in this court his affidavit for a writ of mandamus to compel certain county officers of Linn county to remove their offices from Mound City to the city of Pleasanton. An alternative writ of mandamus was' allowed and issued, the style of the action being, “The State of Kansas, upon the relation of Fred.
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Original Proceedings in Mandamus. On the 7th of September 1875, Fred. Wagner, mayor of the city of Pleasanton, as relator, filed in this court his affidavit for a writ of mandamus to compel certain county officers of Linn county to remove their offices from Mound City to the city of Pleasanton. An alternative writ of mandamus was' allowed and issued, the style of the action being, “The State of Kansas, upon the relation of Fred. Wagner, plaintiff, against M. E. Wbodford, and others, defendants.” .Said writ is as follows: . State qf Kansas, County of Shawnee, ss : The State of Kansas to M. E.…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Two questions were presented and discussed by counsel in the argument of this case. First: Where a petition for the relocation of a county-seat has been presented to the county commissioners, and acted on by them, an election ■ordered, two elections had, the first not resulting in a majority for any place, the votes canvassed, and the place receiving the *525majority of the votes at the second election declared the county-seat, will the court inquire into the sufficiency of the petition, and hear testimony to show that some of the names thereon…
2Cases cited11 opinions
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Gillespie v. PalmerWisconsin Supreme Court · 1866
- State ex rel. Bassett v. RenickSupreme Court of Missouri · 1866
- Hawkins v. Board of SupervisorsMississippi Supreme Court · 1874
- State v. WinkelmeierSupreme Court of Missouri · 1864
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3Cited by38 opinions
- Atlantic Cleaners & Dyers, Inc. v. United StatesSupreme Court of the United States · 1932
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
- In re DennyIndiana Supreme Court · 1901
- State v. ButtsSupreme Court of Kansas · 1884
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