Butler v. McMillen
Supreme Court of Kansas
Error from Neosho District Court. Injunction, brought by Butler (under authority of § 5, ch. 79, laws of 1871,) to enjoin McMillen from removing his office of county clerk, and the records thereof, from Osage Mission to Erie. The county-seat had been duly located at Osage Mission, and the county offices were there kept and held. An election was held March 26th 1872 for the purpose of relocating the county-seat.
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Error from Neosho District Court. Injunction, brought by Butler (under authority of § 5, ch. 79, laws of 1871,) to enjoin McMillen from removing his office of county clerk, and the records thereof, from Osage Mission to Erie. The county-seat had been duly located at Osage Mission, and the county offices were there kept and held. An election was held March 26th 1872 for the purpose of relocating the county-seat. The board of' county commissioners canvassed the vote, and caused proclamation thereof, showing that 3391 votes had been cast, of which 1712 were in favor of Erie, and 1679 were in…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This is a contest over a county-seat. election in Neosho county. The contestants now, as heretofore, were Osage Mission and Erie. As the result of the canvass, the county commissioners declared that Erie had received a ma*390jority, and directed the removal of the county offices to that place. Plaintiff in error, who was plaintiff below, instituted this proceeding to contest the election, and to restrain such removal. The judgment of the district court was in favor of the defendant, and sustained the result of the canvass as declared by the…
2Cases cited6 opinions
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Vairin v. Canal InsuranceOhio Supreme Court · 1840
- Coleman v. EdwardsOhio Supreme Court · 1855
- Morgan v. BoydOhio Supreme Court · 1862
- Dorsch v. RosenthallIndiana Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Stoddart v. VanlaninghamSupreme Court of Kansas · 1874
- Van Horn v. State ex rel. AllenNebraska Supreme Court · 1897
- McMillen v. ButlerSupreme Court of Kansas · 1875
- Powers v. McCueSupreme Court of Kansas · 1892
- State v. TracySupreme Court of Kansas · 1912