Peters v. Board of State Canvassers
Supreme Court of Kansas
Original Motion for Mandamus. On the 22d of December 1876, Samuel B. Peters filed in this court his petition and motion for a peremptory writ of mandamus to compel the Board of State Canvassers to canvass the votes cast in and returned from the several counties comprising the ninth judicial district, for the office of judge of said district.
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Original Motion for Mandamus. On the 22d of December 1876, Samuel B. Peters filed in this court his petition and motion for a peremptory writ of mandamus to compel the Board of State Canvassers to canvass the votes cast in and returned from the several counties comprising the ninth judicial district, for the office of judge of said district. The petition alleges, that by ch. 53, laws of 1867, the sixth, seventh, eighth and ninth judicial districts were created; that pursuant to the provisions of § 15 of ch. 52 of the laws of 1867, a judge was elected in and for each of said districts at the…
1Opinion of the Court
Per Owriam:
The motion for a mandamus must be overruled, in accordance with the decision of this court in the case of The State, ex rel. Goodin, v. Thoman, Auditor, &c., 10 Kas. 191. In that case we held, that the term of office of judges of the district courts was fixed by the constitution at four years; that it was not in the power of the legislature *368to extend or lengthen that term, either directly or indirectly; and that when a district judge was legally elected at the general election in 1867, for a full term, an election for a successor, and for a full term, was rightly held in 1871 —…
2Cases cited1 opinion
- State ex rel. Goodin v. ThomanSupreme Court of Kansas · 1872
3Cited by10 opinions
- Wilson v. ClarkSupreme Court of Kansas · 1901
- Commonwealth v. SheatzSupreme Court of Pennsylvania · 1910
- State ex rel. Bennett v. SameWyoming Supreme Court · 1892
- Wendorff v. DillSupreme Court of Kansas · 1911
- Rice v. RobsonSupreme Court of Kansas · 1910
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