Boyd v. Mills
Supreme Court of Kansas
Original Proceeding in Quo Warranto. All the material facts of this case are stated in the opinion herein, filed June 9, 1894. Martin & MeNeal, and Frank Foster, for defendant (on motion to strike out two portions of the petition as irrelevant) : 1. If a man has voluntarily borne arms against the government of the United States, or voluntarily aided or abetted in the attempted overthrow of said government, has he not been guilty of the offense of treason? See Huber v. Beily,…
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Original Proceeding in Quo Warranto. All the material facts of this case are stated in the opinion herein, filed June 9, 1894. Martin & MeNeal, and Frank Foster, for defendant (on motion to strike out two portions of the petition as irrelevant) : 1. If a man has voluntarily borne arms against the government of the United States, or voluntarily aided or abetted in the attempted overthrow of said government, has he not been guilty of the offense of treason? See Huber v. Beily, 53 Pa. St. 112. The supreme court of Pennsylvania declared a law passed by congress, making every man a deserter who…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
This is an original proceeding instituted in this court by O. C. Boyd, as plaintiff, to try the right to the-office of sheriff of Barber county. The petition shows that, at the election held on the 7th day of November, 1893; according to the official canvass of the votes cast, the plaintiff received 508 and the defendant 516 votes. The plaintiff' alleges that many illegal votes were cast and counted for the defendant, and that the plaintiff received a majority of the legal votes. The questions now presented arise on a motion by the defendant…
2Cases cited11 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- Cummings v. MissouriSupreme Court of the United States · 1867
- Ex Parte YarbroughSupreme Court of the United States · 1884
- Minor v. HappersettSupreme Court of the United States · 1875
- Bowers v. SmithSupreme Court of Missouri · 1892
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3Cited by21 opinions
- Jones v. StateIndiana Supreme Court · 1899
- Stackpole v. HallahanMontana Supreme Court · 1895
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Mathewson v. CampbellSupreme Court of Kansas · 1914
- Taylor v. BleakleySupreme Court of Kansas · 1895
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