Legal Opinion

Frazer v. Miller

Supreme Court of Kansas

Decided January 15, 1874PublishedCited by 3 opinions

Error from Clay District Gowrt. At the May Term 1873 of the district court, Frazer and Miller, each claiming to be a justice of the peace, and to hold and exercise the duties of the same particular office, (Frazer claiming to be the successor of Miller,) signed and submitted to the court an agreed statement of facts, upon which they asked the district court to decide whether Frazer was the successor of Miller, and as such entitled to said Miller’s docket and records as such…

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Error from Clay District Gowrt. At the May Term 1873 of the district court, Frazer and Miller, each claiming to be a justice of the peace, and to hold and exercise the duties of the same particular office, (Frazer claiming to be the successor of Miller,) signed and submitted to the court an agreed statement of facts, upon which they asked the district court to decide whether Frazer was the successor of Miller, and as such entitled to said Miller’s docket and records as such justice. The district court decided that Frazer was not Miller’s successor, and gave judgment against Frazer for costs.…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This case was submitted to the district court upon an agreed case, as authorized by § 525 of the civil code. It is objected that all the necessary parties were not before the court, and that the question was not properly submitted. Miller was an acting justice of the peace; Frazer claimed to have been elected his successor, and this was. the question submitted. This presented a question “ which might be the subject of a civil action” between these parties, and could therefore be submitted in this manner. There was no necessity of making the…

2Cases cited2 opinions

  1. State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
  2. Borton v. BuckSupreme Court of Kansas · 1871

3Cited by3 opinions

  1. School District No. 116 v. WolfSupreme Court of Kansas · 1908
  2. Olsen v. MerrillUtah Supreme Court · 1931
  3. Pinkerton v. MillerSupreme Court of Kansas · 1883

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