State ex rel. Wells v. Marston
Supreme Court of Kansas
Original Proceedings in Mandamus. Proceedings to determine tbe validity of a county-seat -election, and to compel the defendants, Solon E. Marston, George W- Gabriel, and Israel Stoddard, as commissioners of the county of Neosho, to move their records and keep -their office at the town of Erie, the alleged county-seat •of said county.
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Original Proceedings in Mandamus. Proceedings to determine tbe validity of a county-seat -election, and to compel the defendants, Solon E. Marston, George W- Gabriel, and Israel Stoddard, as commissioners of the county of Neosho, to move their records and keep -their office at the town of Erie, the alleged county-seat •of said county. Tl\e record shows that an election was beld on the 9tb •of June, 1868, for the location of tbe county-seat; that at •such election there were 1117 votes cast in tbe whole county, of which 543 were in favor of the town of Erie, 572 in favor of Mission Town, and…
1Opinion of the Court
The opinion of the court was delivered by
Valeíitine, J.:
This is an application for a peremptory writ of mandamus to compel the defendants, who are the County Commissioners of Neosho County, to hold their offices at the town of Erie, which is claimed to be the county-seat of said county.
i. maudajiks, title to action ; I. The title of this action under our present code, (that of 1868) is probably wrong. It should be Joseph A. Wells plaintiff, instead of “ The State of Kansas, on the relation of Joseph A. Wells, plaintiff.” The remedy of mandamus is now wholly under the code of civil procedure —…
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