Lewis v. Comm'rs of Marshall Co.
Supreme Court of Kansas
Original Proceedings in Mandamus. Lewis filed in this court his verified petition for a mandamus against the Board of Comm’rs of Marshall Co., and J. G. Molntire, the County Cleric of said county.
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Original Proceedings in Mandamus. Lewis filed in this court his verified petition for a mandamus against the Board of Comm’rs of Marshall Co., and J. G. Molntire, the County Cleric of said county. Said petition showed that Lewis was a legal elector of said Marshall county, and was eligible to the office of county clerk of said-county ; that at the general election held in said county on the 2d day of November 1875, he was a candidate for said office of county clerk, and received a majority of all the votes cast for such office, and was duly elected thereto for the regular term to commence on…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is an action of mandamus, to compel a • correct canvass of the votes cast in the county of Marshall for the office of county clerk. Upon the canvass that was made the canvassers rejected the returns from Waterville township, and declared one J. Gr. Mclntire elected. If those returns had been counted, the plaintiff would have received a majority, and been declared elected. Three questions are presented: First, will the court, after a canvassing board has made one canvass, declared the result, and adjourned, compel it, by mandamus, to…
2Cases cited5 opinions
- State ex rel. Rice v. County JudgeSupreme Court of Iowa · 1858
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- Hagerty v. ArnoldSupreme Court of Kansas · 1874
- State ex rel. Byers v. BaileySupreme Court of Iowa · 1858
- Durbin v. Barber & BarneyOhio Supreme Court · 1846
3Cited by42 opinions
- Daniel v. SimmsWest Virginia Supreme Court · 1901
- State Ex Rel. Foote v. BartholomewSupreme Court of Connecticut · 1925
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- In re GunnSupreme Court of Kansas · 1893
- State ex rel. Mitchell v. StevensSupreme Court of Kansas · 1880
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