Legal Opinion

Brown v. Board of Commissioners

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 5 opinions

Original Proceedings in Mandamus. On December 27, 1887, an alternative writ of mandamus was issued out of this court upon a verified petition filed there-’ fin’ on behalf of H. L. Brown, and directed to the board of county commissioners of Rush county, and J. R. Stock, A. C. Lippert and J. E. Ruhl, members of said board, and L. K. Hain, county clerk of said county, commanding them to meet on the 31st day of December, 1887, at the office of the county clerk of Rush county, as…

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Original Proceedings in Mandamus. On December 27, 1887, an alternative writ of mandamus was issued out of this court upon a verified petition filed there-’ fin’ on behalf of H. L. Brown, and directed to the board of county commissioners of Rush county, and J. R. Stock, A. C. Lippert and J. E. Ruhl, members of said board, and L. K. Hain, county clerk of said county, commanding them to meet on the 31st day of December, 1887, at the office of the county clerk of Rush county, as a board of canvassers, and then and there to canvass the returns of an election held on the 8th day of November, 1887,…

1Opinion of the Court

Opinion by

Clogston, C.:

This is an action to compel the defendants by mandamus to convene as a board of canvassers and to canvass the votes cast and returned from the first com*439missioner district in Rush county for the office of commissioner for said district. The only question raised is, did the board of county commissioners and the county clerk, when convened as a canvassing board, have the right to determine and pass upon the question whether illegal votes had been cast and returned in said district for the office of county commissioner? It is admitted by the defendants that the returns from…

2Cases cited2 opinions

  1. Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
  2. State ex rel. Mitchell v. StevensSupreme Court of Kansas · 1880

3Cited by5 opinions

  1. Wycoff v. Board of County CommissionersSupreme Court of Kansas · 1963
  2. State ex rel. Leech v. Board of CanvassersMontana Supreme Court · 1892
  3. Sharpless v. BucklesSupreme Court of Kansas · 1902
  4. Coates v. CampSupreme Court of Kansas · 1946
  5. Chavez v. HockenhullNew Mexico Supreme Court · 1934

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