Legal Opinion

State ex rel. Clark v. Smith

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 2 opinions

Error from Pottawatomie District Court. The opinion states the facts. At the November Term, 1882, defendant Smith, as county clerk of Pottawatomie county, recovered a judgment against the state on the relation of Clark, who brings it here for review.

1Opinion of the Court

The opinion of the court was delivered by

Yalentine, J.:

This was an action of mandamus, commenced by William Clark in the name of the state of Kansas against H. P. Smith, county clerk of Pottawatomie county, for the purpose of contesting the validity of a county-seat election held in that county on September 19, 1882. The action was commenced on October 12, 1882, in the district court of Pottawatomie county, under §§ 2 and 4, chapter 79, of the Laws of 1871. (Comp. Laws of 1879, ch. 36, ¶¶ 2276, 2278.) This was a second election for the location of the county seat of said county, the first…

2Cases cited3 opinions

  1. State ex rel. Wells v. MarstonSupreme Court of Kansas · 1870
  2. Sabin v. ShermanSupreme Court of Kansas · 1882
  3. Benton v. NasonSupreme Court of Kansas · 1881

3Cited by2 opinions

  1. Dunn v. Board of County CommissionersSupreme Court of Kansas · 1947
  2. Clark v. CommissionersSupreme Court of Kansas · 1886

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API