Legal Opinion

Capper v. Stotler

Supreme Court of Kansas

Decided December 7, 1912No. 18,503PublishedCited by 4 opinions

Original proceeding in mandamus.

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

Arthur Capper, the candidate for governor upon the republican ticket at the election held November 5, 1912, brings mandamus in this court for the purpose of causing to be counted and canvassed certain ballots cast for that office, which were in fact valid, but which the election board failed to count and returned as void. The ballots referred to are those upon which the voter indicated his preference by placing a cross in the circle at the head of a party ticket, *388and also by placing crosses in the squares opposite the names of other…

2Cases cited16 opinions

  1. Brewster v. ShermanMassachusetts Supreme Judicial Court · 1907
  2. State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
  3. Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
  4. People Ex Rel. Brink v. . WayNew York Court of Appeals · 1904
  5. Matter of Hearst v. . WoelperNew York Court of Appeals · 1905

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3Cited by4 opinions

  1. Coates v. CampSupreme Court of Kansas · 1946
  2. Atchison, Topeka & Santa Fe Railroad v. ChamberlainSupreme Court of Oklahoma · 1896
  3. Burke v. State Board of CanvassersSupreme Court of Kansas · 1940
  4. Thompson v. State Board of CanvassersSupreme Court of Kansas · 1920

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