Legal Opinion

State ex rel. Toepke v. Clayton

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 15 opinions

Original Proceedings in Quo Warranto. Action brought in this court, December 16,1881, by The State of Kansas, on the relation of Gustav Toeplce, to test the title of the defendant, James Clayton, to the office of probate judge of Barton county. The facts appear in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This is an original case in this court, brought for the purpose of testing the title of defendant to the office of probate judge of Barton county. To the petition defendant has interposed a demurrer, and the case is now submitted to us upon such demurrer. The facts as alleged in the petition, and admitted by the demurrer, are as follows: In 1880, one E. L. Chapman was duly elected and qualified as probate judge of Barton county. On the 3d day of October, 1881, he wrote and forwarded to the governor an unconditional resignation of such…

2Cases cited8 opinions

  1. Edwards v. United StatesSupreme Court of the United States · 1881
  2. State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
  3. People v. PorterCalifornia Supreme Court · 1856
  4. Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.Supreme Court of Kansas · 1872
  5. State ex rel. Williams v. FittsSupreme Court of Alabama · 1873

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3Cited by15 opinions

  1. Keen v. FeatherstonCourt of Appeals of Texas · 1902
  2. State ex rel. Almon v. FowlerSupreme Court of Alabama · 1908
  3. Hetherington v. SterrySupreme Court of Kansas · 1882
  4. State Ex Rel. Jernigan v. StickleySupreme Court of South Carolina · 1908
  5. State ex rel. Royse v. Superior CourtWashington Supreme Court · 1907

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