Patten v. Florence
Supreme Court of Kansas
Original Proceedings in Mandamus. At the general election of November 8, 1887, the plaintiff, PT. H. Patten, was a candidate for treasurer of Kiowa county, Kansas, and the plaintiff, W. L. McCord, was a candidate for county clerk of said county. At that election Addison Watson was the opposing candidate for treasurer, and J. H. Morrison for county clerk of said county.
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Original Proceedings in Mandamus. At the general election of November 8, 1887, the plaintiff, PT. H. Patten, was a candidate for treasurer of Kiowa county, Kansas, and the plaintiff, W. L. McCord, was a candidate for county clerk of said county. At that election Addison Watson was the opposing candidate for treasurer, and J. H. Morrison for county clerk of said county. The defendants, Q. P. Fullington and J. A. Shepherd, were county commissioners, and Charles Florence was county clerk. They met as a canvassing board on the 11th of November, 1887, to canvass the votes cast at said election,…
1Opinion of the Court
Opinion by
Holt, C.:
It is urged that the county clerk is not a member of the board of canvassers, and for that reason the writ prayed for should not issue against him; it is also contended that because the election returns were not placed before the county commissioners by the county clerk, they have never had an opportunity to canvass them, and therefore have never refused or neglected to perform their duty required of them by law. Neither of these claims is tenable. The county clerk has his duty plainly prescribed by law, and he cannot evade it by stating that he is not one of the board of…
2Cases cited1 opinion
- Dorey v. LynnSupreme Court of Kansas · 1884
3Cited by3 opinions
- Capper v. StotlerSupreme Court of Kansas · 1912
- Hartman v. HosmerSupreme Court of Kansas · 1902
- State ex rel. Benton v. ElderNebraska Supreme Court · 1891