Hayes v. Rogers
Supreme Court of Kansas
Original Proceedings in Mandamus. Action brought in this court November 28, 1879, by Hayes, against John R. Rogers, A. H. McLain and George Seaton, commissioners of Harvey county, and H. W. Bunher, county clerk of said county, to compel a canvass of the vote cast for him for commissioner of the old second district of that county, at the general election in November, 1879. To the alternative writ issued December 12, 1879, the defendants appeared and answered, showing cause…
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Original Proceedings in Mandamus. Action brought in this court November 28, 1879, by Hayes, against John R. Rogers, A. H. McLain and George Seaton, commissioners of Harvey county, and H. W. Bunher, county clerk of said county, to compel a canvass of the vote cast for him for commissioner of the old second district of that county, at the general election in November, 1879. To the alternative writ issued December 12, 1879, the defendants appeared and answered, showing cause for their refusal to canvass the votes cast as aforesaid. The opinion filed herein September 21, 1880, contains a…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is an original action in this court, brought by plaintiff to compel the canvass of a vote cast for him for *144county commissioner of the second district of Harvey county. The facts are these:
The defendants are the board of commissioners and clerk •of Harvey county, Kansas. In October, 1873, the board of •commissioners subdivided the county into three commissioner •districts, as follows:
First district: Newton, Pleasant, Walton, and Highland townships.
Second district: Richland, Darlington, Sedgwick, Lakin, and Lake townships.
Third district:…
2Cases cited1 opinion
- Foltz v. Board of CommissionersIndiana Supreme Court · 1875
3Cited by5 opinions
- State ex rel. Hopkins v. TindellSupreme Court of Kansas · 1922
- Parker v. Board of Com'rs of Tillman CountySupreme Court of Oklahoma · 1914
- State ex rel. Ratner v. JonesSupreme Court of Kansas · 1923
- Brungardt v. LeikerSupreme Court of Kansas · 1889
- Attorney General Opinion No., Kansas Attorney General Reports2002