Yeager v. Aikman
Supreme Court of Kansas
Original proceeding in quo warranto. STATEMENT. The plaintiff and the' defendant were rival candidates for the office of judge of the district court in the thirteenth judicial district, at the general election in November, 1908. The successive returns were made to the county clerk and to the secretary of state and in proper time the state board of canvassers awarded to the defendant a certificate of election, and he assumed the duties of the- office on the second Monday of…
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Original proceeding in quo warranto. STATEMENT. The plaintiff and the' defendant were rival candidates for the office of judge of the district court in the thirteenth judicial district, at the general election in November, 1908. The successive returns were made to the county clerk and to the secretary of state and in proper time the state board of canvassers awarded to the defendant a certificate of election, and he assumed the duties of the- office on the second Monday of the following January. The plaintiff gave notice and instituted a contest for the office in the state senate. The…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The action is now pending upon a motion of the defendant to dismiss on the grounds that the matter attempted, to be litigated by the plaintiff herein is res judicata; that this court has no jurisdiction in the matter and the action is not triable in this court.
It is the .duty of the state in maintaining its sovereignty to see that none of .the offices created by law is usurped or exercised by persons not legally elected or appointed thereto. For this purpose the state may proceed on the relation of the attorney-general, by an action in quo…
2Cases cited16 opinions
- In re DillSupreme Court of Kansas · 1884
- Rowe v. PalmerSupreme Court of Kansas · 1883
- Tarbox v. SughrueSupreme Court of Kansas · 1887
- State ex rel. Vance v. WilsonSupreme Court of Kansas · 1883
- Anthony v. HaldermanSupreme Court of Kansas · 1871
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rennolds v. GuthrieSupreme Court of Kansas · 1918
- State ex rel. Baird v. Board of County CommissionersSupreme Court of Kansas · 1924
- State ex rel. Beck v. Board of County CommissionersSupreme Court of Kansas · 1936
- Clemens v. Kansas Gas & Electric Co.Supreme Court of Kansas · 1930
- Wilson v. MesserSupreme Court of Kansas · 1926