Legal Opinion

State ex rel. McDonald v. Sheldon

Supreme Court of Kansas

Decided February 15, 1864PublishedCited by 7 opinions

Error from Shawnee County. Motion for Writ of Mandamus. The facts of the case appear fully in the opinion of the Court. Case and Elmore argued the case for relator on the following points: The whole proceedings in contested elections are statutory, and we must look to the statute alone. Section 13, page 508, Compiled Laws, determines and fixes the Court having jurisdiction in cases of contested elections of county officers. This section says the u Court,” &c.

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Error from Shawnee County. Motion for Writ of Mandamus. The facts of the case appear fully in the opinion of the Court. Case and Elmore argued the case for relator on the following points: The whole proceedings in contested elections are statutory, and we must look to the statute alone. Section 13, page 508, Compiled Laws, determines and fixes the Court having jurisdiction in cases of contested elections of county officers. This section says the u Court,” &c. Same act, Sec. 27, provides the Court shall pronounce judgment. The Court constituted as provided in Sec. 13, has jurisdiction of the…

1Opinion of the Court

By the Court,

Kingman, J.

A court for the trial of contested county elections was organized under Sec. 13, Chap. 89 of the Compiled Laws, to try a contested election case in Osage County, between Joseph McDonald, incumbent, and O. H. Sheldon, contestant for the office of treasurer of Osage County. Such proceedings were had as resulted in a determination by that tribunal in favor of Sheldon, and he was declared duly elected to the office of county treasurer of Osage County.

*324During tbe progress of the trial various rulings were made against the relator in this case, to which he excepted, and at…

2Cited by7 opinions

  1. Anthony v. HaldermanSupreme Court of Kansas · 1871
  2. Buckland v. GoitSupreme Court of Kansas · 1880
  3. Shepard v. PeytonSupreme Court of Kansas · 1874
  4. Bland v. JacksonSupreme Court of Kansas · 1893
  5. Steele v. MartinSupreme Court of Kansas · 1870

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