State ex rel. Bill v. Elting
Supreme Court of Kansas
Error from Bice District Court. When the county of Ness was organized, in April, 1880, the town of Sidney was designated as the county seat. June 1, 1880, an election was held for the purpose of permanently locating the county seat, at which election four different places were candidates. After the election and the canvass of the votes cast thereat, Ness City was declared duly elected, and the county officers removed their offices to that place.
Read the full summary
Error from Bice District Court. When the county of Ness was organized, in April, 1880, the town of Sidney was designated as the county seat. June 1, 1880, an election was held for the purpose of permanently locating the county seat, at which election four different places were candidates. After the election and the canvass of the votes cast thereat, Ness City was declared duly elected, and the county officers removed their offices to that place. This action was brought on the relation of Edward M. Bill against James H. Elting and all the other county officers, praying that a writ of mandamus…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a contest over a county-seat election. Passing by all the preliminary questions, we find these facts as stated by the court: The result of the election for the county seat of Ness county showed that Ness City received 390, Sidney 276, Waterport 50, and Clarinda 14 votes; apparently, therefore, Ness City received a clear majority of all the votes cast, and was by the county commissioners duly declared the county seat.. It further appears from the findings of the court, that said Ness City was unincorporated at the time of said…
2Cases cited16 opinions
- Newton v. CommissionersSupreme Court of the United States · 1880
- Dishon v. SmithSupreme Court of Iowa · 1859
- State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874
- State ex rel. Hopkins v. OlinWisconsin Supreme Court · 1868
- County of Calaveras v. BrockwayCalifornia Supreme Court · 1866
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Brown v. HartlageSupreme Court of the United States · 1982
- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
- Beham v. GhioCourt of Appeals of Texas · 1889
- Dietz v. ZimmerCourt of Appeals of Kentucky (pre-1976) · 1929
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
24 more not listed; retrieve them via the Exa API.