Legal Opinion

Braidy v. Theritt

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 23 opinions

Error from Doniphan District Court. Action brought by Frank Theritt, A. J. Selover, and Henry Dockhorn, to enjoin and restrain John T. Braidy, Peter Deiter, and Benjamin Harding, who claimed to be councilmen of the city of Wathena, from acting together as the city council of said city, and to enjoin and restrain Christopher Nahrung, the mayor of said city, from recognizing said Braidy as such councilman.

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Error from Doniphan District Court. Action brought by Frank Theritt, A. J. Selover, and Henry Dockhorn, to enjoin and restrain John T. Braidy, Peter Deiter, and Benjamin Harding, who claimed to be councilmen of the city of Wathena, from acting together as the city council of said city, and to enjoin and restrain Christopher Nahrung, the mayor of said city, from recognizing said Braidy as such councilman. It was admitted by both parties that Selover, Dockhorn, Deiter and Harding, were councilmen, and that Nahrung was the mayor of Wathena. The contest was, whether Theritt, or Braidy, was the…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by Frank Theritt and others, against John T. Braidy and others, to restrain the latter from interfering with Theritt while discharging his duties as a member of the council of the city of Wathena. Said city was a city of the third class, and therefore its council consisted legally of five members. (Laws of 1871, page 122, § 15.) A. J. Selover, Henry Dockhorn, 'Peter Deiter, and Benjamin Harding, are admitted to have been four of such members. Who the other member was, is a disputed question. The office however…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. McCahon v. Comm'rs of Leavenworth Co.Supreme Court of Kansas · 1871
  2. State v. DurkeeSupreme Court of Kansas · 1873

3Cited by23 opinions

  1. Hamlin v. KassaferOregon Supreme Court · 1887
  2. Morton v. BroderickCalifornia Supreme Court · 1897
  3. Magneau v. City of FremontNebraska Supreme Court · 1890
  4. Merced Bank v. RosenthalCalifornia Supreme Court · 1893
  5. Poyntz v. ShackelfordCourt of Appeals of Kentucky · 1900

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