Hussey v. Hamilton
Supreme Court of Kansas
JEkror from Saline County. The affidavit sets forth substantially: That at the general election held November, 1868, Hamilton received a majority of the votes cast for. probate judge for the county of Saline; that the vote then cast was afterwards, at the proper time, duly canvassed and Hamilton declared duly elected probate judge for two years from January, 1869; a certificate of his election was properly issued to him by the county clerk; Hamilton then gave a bond as…
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JEkror from Saline County. The affidavit sets forth substantially: That at the general election held November, 1868, Hamilton received a majority of the votes cast for. probate judge for the county of Saline; that the vote then cast was afterwards, at the proper time, duly canvassed and Hamilton declared duly elected probate judge for two years from January, 1869; a certificate of his election was properly issued to him by the county clerk; Hamilton then gave a bond as required by law, which bond was approved by the proper officer; Hamilton thereupon took the oath of office prescribed by law…
1Opinion of the Court
By the Court,
Kingman, C. J.
The court below granted' a peremptory writ of mandamus, commanding the plaintiff in error to deliver up to the defendant in error the books, papers, records, seal and insignia of office pertaining to the office of probate judge of said county of Saline. Of the several errors alleged, we shall notice but one, as that disposes of the whole case. The case was tried on the affidavit and petition of the relator, to which the respondent answered as to an alternative writ, and this case was tried as though such writ had issued. The petition, which was sworn to and formed…
2Cited by5 opinions
- Ewing v. TurnerSupreme Court of Oklahoma · 1894
- Eberle v. KingSupreme Court of Oklahoma · 1908
- State ex rel. Gregory v. IreySupreme Court of Kansas · 1924
- State Ex Rel. Wells v. ClineSupreme Court of Oklahoma · 1911
- Hunt v. Pleasant Hill Cemetery Ass'nSupreme Court of Kansas · 1882