Russell v. State ex rel. Nicholson
Supreme Court of Kansas
Error from Wilson Distriet Court. Mandamus, to require Eussell as clerk of the district court, and J. C. Gr. Smith as county clerk of said county, to remove their offices from the town of Fredonia to the town of Neodesha. On the 23d of May, 1871, an election was held in Wilson county for the relocation of the county-seat.
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Error from Wilson Distriet Court. Mandamus, to require Eussell as clerk of the district court, and J. C. Gr. Smith as county clerk of said county, to remove their offices from the town of Fredonia to the town of Neodesha. On the 23d of May, 1871, an election was held in Wilson county for the relocation of the county-seat. The board of county commissioners canvassed the votes on the Saturday following the election, and from such canvass and the poll-books returned to the county clerk, it appeared that Fredonia received 1168 votes, and Neodesha 938 votes and said board determined and proclaimed…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a contest over a county-seat election. The contest arose in the county of Wilson. The county commissioners, canvassing the returns, declared the majority to be in favor of Fredonia. Upon this contest the district court decided in favor of Neodesha. To reverse that decision this proceeding in error has been instituted. The main question is concerning' the ‘vote of Fredonia precinct. With that counted, Fredonia received 230 majority. With that rejected, Neodesha had 316 majority. The poll-books of that precinct showed 546 votes, all…
2Cases cited2 opinions
- Campbell v. StateSupreme Court of Kansas · 1866
- Silvers v. FosterSupreme Court of Kansas · 1872
3Cited by8 opinions
- Hudson v. SolomonSupreme Court of Kansas · 1877
- Shellabarger v. NafusSupreme Court of Kansas · 1875
- State ex rel. Amick v. FranciscoSupreme Court of Kansas · 1916
- State ex rel. Beach v. SuttonMissouri Court of Appeals · 1877
- Jones v. CaldwellSupreme Court of Arkansas · 1878
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