Farrelly v. Cole
Supreme Court of Kansas
Original proceedings in mandamus. STATEMENT. On February 2, 1899, the plaintiff, Hugh P. Farrelly, filed in this court his petition and affidavit praying for an alternative writ of mandamus against the defendant George E. Cole, auditor, alleging that attire regular general election in November, 1896, plaintiff was duly elected state senator for the thirteenth senatorial district of the state of Kansas, and duly qualified as such ; that as such state senator he attended and…
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Original proceedings in mandamus. STATEMENT. On February 2, 1899, the plaintiff, Hugh P. Farrelly, filed in this court his petition and affidavit praying for an alternative writ of mandamus against the defendant George E. Cole, auditor, alleging that attire regular general election in November, 1896, plaintiff was duly elected state senator for the thirteenth senatorial district of the state of Kansas, and duly qualified as such ; that as such state senator he attended and performed the duties of his office at a legal session of the legislature of the state of Kansas commencing on the 21st…
1Opinion of the Court
*362The opinion of the court was delivered by
Smith, J. :
The questions involved are : (1) Did an extraordinary occasion exist, within the meaning of the constitutional provision providing for the call of an extra session of the legislature, on December 15, 1898, when the proclamation was issued? (2) "Were the members of the house of representatives .elected at the general election in November, 1896, who assembled in obedience to the proclamation of the governor, entitled to act as members of said house and to vote upon the final passage of said appropriation bills ?
Section 3, article 1, of the…
2Cases cited8 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- State ex rel. Johnson v. HitchcockSupreme Court of Kansas · 1862
- Martin v. InghamSupreme Court of Kansas · 1888
- Prouty v. StoverSupreme Court of Kansas · 1873
- In re Governor's ProclamationSupreme Court of Colorado · 1894
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3Cited by35 opinions
- State Ex Rel. Anderson v. FadelySupreme Court of Kansas · 1957
- Harris v. ShanahanSupreme Court of Kansas · 1963
- Diefendorf v. GalletIdaho Supreme Court · 1932
- Anderson v. AlexanderOregon Supreme Court · 1951
- Coyle v. SmithSupreme Court of Oklahoma · 1911
30 more not listed; retrieve them via the Exa API.