State ex rel. Lamkin v. Kelly
Court of Appeals of Kansas
Memorandum.— Original proceeding in quo warranto brought by The State on the relation of A. W. Lamkin, county attorney of Stevens county, Kansas, against John S. Kelly, to oust him from 'the office of treasurer of said Stevens county.
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Memorandum.— Original proceeding in quo warranto brought by The State on the relation of A. W. Lamkin, county attorney of Stevens county, Kansas, against John S. Kelly, to oust him from 'the office of treasurer of said Stevens county. The statement of the case, as made by Johnson, P. J., is as follows : On the 9th day of September, 1895, an original petition. was filed in the office of the clerk of the court of appeals, southern department, western division, at Garden City, Finney county, Kansas, by A. W. Lam-kin, county attorney of Stevens county, Kansas, which petition is as follows : “ Now…
1Opinion of the Court
The opinion of the court was delivered by
Johnson, P. J. :
The first contention of counsel for the defendant under his demurrer is, that the courts of appeals have no jurisdiction in quo warranto proceedings. In the consideration of this objection it is necessary to consider the source from which the jurisdiction of this court is derived. Some of the courts of this state derive their existence directly from the constitution, which expressly defines and limits their jurisdiction and makes the jurisdiction within these limits exclusive, and provides also that they shall possess such other and…
2Cases cited4 opinions
- Shoemaker v. BrownSupreme Court of Kansas · 1872
- Judd v. DriverSupreme Court of Kansas · 1863
- State ex rel. Keeler v. AllenSupreme Court of Kansas · 1869
- State v. MajorsSupreme Court of Kansas · 1876
3Cited by1 opinion
- State ex rel. Corley v. LeopoldSupreme Court of Kansas · 1951