Legal Opinion

State v. Board of Comm'rs

Supreme Court of Kansas

Decided January 15, 1880PublishedCited by 6 opinions

Original Proceedings in Mandamus. On the 19fch day of December, 1879, an alternative writ of mandamus was issued out of this court, upon a petition filed therefor on behalf of the state, by Willard Davis, attorney general, and directed to the board of commissioners of the-county of Hodgeman, and 8. A. Sheldon, J. R. Wilson, and J. W. Hunter, as members of said board, commanding them to meet on'the 27th day of December, 1879, at Hodgeman Center, the county seat of said…

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Original Proceedings in Mandamus. On the 19fch day of December, 1879, an alternative writ of mandamus was issued out of this court, upon a petition filed therefor on behalf of the state, by Willard Davis, attorney general, and directed to the board of commissioners of the-county of Hodgeman, and 8. A. Sheldon, J. R. Wilson, and J. W. Hunter, as members of said board, commanding them to meet on'the 27th day of December, 1879, at Hodgeman Center, the county seat of said county, and then and there to’ canvass the votes cast in that county, at the election held therein on the first Tuesday of…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This is an action of mandamus, to compel a canvass of the votes cast in the county of Hodgeman *267at the election held on the first Tuesday of November, 1879, for a permanent county seat of the county, and for the,various county and township officers. At the time of the issuance of the alternative writ, no canvass whatever had been made by the county clerk and commissioners, but after the service of the writ, and on January 12, 1880, the county board convened, and partially canvassed the votes, and declared certain results. Exception is…

2Cases cited2 opinions

  1. Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
  2. Hagerty v. ArnoldSupreme Court of Kansas · 1874

3Cited by6 opinions

  1. State ex rel. Broadhead v. BergSupreme Court of Missouri · 1882
  2. State ex rel. Wilson v. Board of CommissionersSupreme Court of Kansas · 1889
  3. Burke v. State Board of CanvassersSupreme Court of Kansas · 1940
  4. Dalton v. State ex rel. RichardsonOhio Supreme Court · 1885
  5. Killion v. HermanSupreme Court of Kansas · 1890

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