Legal Opinion

State ex rel. Jackson v. Hutchings

Supreme Court of Kansas

Decided December 12, 1908No. 16,163PublishedCited by 9 opinions

Original proceeding in quo warranto. STATEMENT. This is an original proceeding in quo warranto, by the state of Kansas on the relation of the attorney-general, to. oust the defendant from exercising the duties of judge of the circuit court of Wyandotte county. The case is submitted on a motion by the plaintiff for judgment on the pleadings, consisting of the following information and answer: "INFORMATION.

Read the full summary

Original proceeding in quo warranto. STATEMENT. This is an original proceeding in quo warranto, by the state of Kansas on the relation of the attorney-general, to. oust the defendant from exercising the duties of judge of the circuit court of Wyandotte county. The case is submitted on a motion by the plaintiff for judgment on the pleadings, consisting of the following information and answer: "INFORMATION. “Comes now the state of Kansas, by Fred S. Jackson, the duly elected, qualified and acting attorney-general of the plaintiff state, and prosecuting in its behalf, and gives the court to…

1Opinion of the Court

The opinion of the court was delivered by

Smith, J.:

The only question presented is whether chapter 52 of the Laws of 1908 is in violation of the inhibition against special legislation contained in section 17 of article 2 of the constitution of Kansas as amended in 1906. The section as amended reads, the amendment being italicized:

“All laws of a general nature shall have a uniform operation throughout the state; and in all cases where a general law can be made applicable no special law shall be enacted; and whether or not a law enacted is repugnant to this provision of the constitution shall be…

2Cases cited2 opinions

  1. Anderson v. Board of County CommissionersSupreme Court of Kansas · 1908
  2. State ex rel. Jackson v. NationSupreme Court of Kansas · 1908

3Cited by9 opinions

  1. State ex rel. West v. ButlerSupreme Court of Florida · 1915
  2. Stevens v. McDowellSupreme Court of Kansas · 1940
  3. State ex rel. Ramsey v. DemingSupreme Court of Kansas · 1916
  4. State ex rel. Boynton v. GaitskillSupreme Court of Kansas · 1931
  5. Fleeman v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1910

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API