Legal Opinion

McCahon v. Comm'rs of Leavenworth Co.

Supreme Court of Kansas

Decided July 15, 1871PublishedCited by 17 opinions

Error from Lemewworth District Oowrt. The controversy in this case arose in consequence of an attempt by tbe legislature to fix tbe term of office of county commissioners for Leavenworth county at one year; (§ 9, ch. 25, Gen. Stat. 1868.) B. B. Moore and eleven other persons were duly elected commissioners for such county at the November election, 1867, under the laws then in force, (ch. 87, § 2, Comp.

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Error from Lemewworth District Oowrt. The controversy in this case arose in consequence of an attempt by tbe legislature to fix tbe term of office of county commissioners for Leavenworth county at one year; (§ 9, ch. 25, Gen. Stat. 1868.) B. B. Moore and eleven other persons were duly elected commissioners for such county at the November election, 1867, under the laws then in force, (ch. 87, § 2, Comp. Laws 1862, and eh. 45, laws of 1867, § 1,) and their terms commenced on the second Monday of January, 1868. Ch. 25, Gen. Stat., took effect October 31, 1868, and under the supposed authority of…

1Opinion of the Court

The opinion of the court was delivered by

Yalkntinb, J.:

Only one question requires our special consideration in this case, and that is, whether John T. McWhirt and certain other persons acting with him were on the 16th of March, 1869, de facto the board of county commissioners of the county of Leavenworth. That they were not de jwre said board, and that there was another set of men who were de jwre said board, is conceded by both parties; but it is claimed by the plaintiff in error that said McWhirt and his associates were de facto said board.

On the 16th of March, 1869, the plaintiff presented…

2Cases cited3 opinions

  1. State ex rel. Leal v. JonesIndiana Supreme Court · 1862
  2. Morgan v. QuackenbushNew York Supreme Court · 1856
  3. People v. CarterNew York Supreme Court · 1859

3Cited by17 opinions

  1. Stowers v. BlackburnWest Virginia Supreme Court · 1955
  2. Braidy v. TherittSupreme Court of Kansas · 1877
  3. People v. BrautiganIllinois Supreme Court · 1923
  4. State Ex Rel. Scanes v. BabbWest Virginia Supreme Court · 1942
  5. Commonwealth v. BushCourt of Appeals of Kentucky · 1909

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