Sabin v. Sherman
Supreme Court of Kansas
Pkror from Pottawatomie District Court. Action brought by Sabin against Sherman and two others, as commissioners of Pottawatomie county, to perpetually enjoin defendants from canvassing the votes polled at the election held in that county, September 23, 1879, for the relocation of the county seat thereof.
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Pkror from Pottawatomie District Court. Action brought by Sabin against Sherman and two others, as commissioners of Pottawatomie county, to perpetually enjoin defendants from canvassing the votes polled at the election held in that county, September 23, 1879, for the relocation of the county seat thereof. Upon the trial, at the March Term, 1882, of the district court, the defendants offered in evidence the pleadings, proceedings and judgment in the court aforesaid in the case of Almon Benton v. Edward Na-son, et al., and the mandate of the supreme court affirming the judgment of the district…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
After the decision in this court in Benton v. Nason, et al., 26 Kas. 658, and on the 21st day of March, 1882, the plaintiff filed his petition to perpetually enjoin the defendants, as commissioners of Pottawatomie county, from canvassing the votes polled at the election held in that county on September 23,1879, for the purpose of permanently locating the county seat of the county. It was alleged in the petition, that the order for the election was wrongfully and illegally made, because not petitioned for by the proper number of legal…
2Cases cited2 opinions
- Benton v. NasonSupreme Court of Kansas · 1881
- McMillen v. ButlerSupreme Court of Kansas · 1875
3Cited by17 opinions
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Brooks v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1926
- City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
- Moyer v. Board of County CommissionersSupreme Court of Kansas · 1966
- Lindsay v. AllenTennessee Supreme Court · 1904
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