Borton v. Buck
Supreme Court of Kansas
Origmal Proceedings vn Quo Warrcmto. On the 5tli of May, 1871, Borton filed in this court Ms petition for a writ of quo wa/rranto agaipst Bucle. The constitution of Kansas, § 9, art. 3, provides that “ two justices of the peace shall be elected in each township, whose term of office shall be two years;” and § 12 of said article provides that “ all judicial officers shall hold their offices until their successors shall have been qualified.”
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Origmal Proceedings vn Quo Warrcmto. On the 5tli of May, 1871, Borton filed in this court Ms petition for a writ of quo wa/rranto agaipst Bucle. The constitution of Kansas, § 9, art. 3, provides that “ two justices of the peace shall be elected in each township, whose term of office shall be two years;” and § 12 of said article provides that “ all judicial officers shall hold their offices until their successors shall have been qualified.” Borton in his petition claims to be a justice of the peace of the city of Emporia, Lyon county, alleges his election and qualification as justice of the…
1Opinion of the Court
The opinion of the court was delivered by
Yalentine, J.:
This is an original action of quo warranto, brought by the plaintiff Edward Borton, to inquire by what authority the defendant J. Jay Buck assumes to exercise the duties of the office of justice of the peace in and for the city of Emporia, Lyon county.
The plaintiff filed his petition, and the defendant demurred thereto on the ground that the petition does not state facts sufficient to constitute a cause of action. The petition states in substance among other things that in April, 1869, the Township of Emporia in said county contained…
2Cases cited5 opinions
- People ex rel. Melony v. WhitmanCalifornia Supreme Court · 1858
- State ex rel. Tredway v. LuskSupreme Court of Missouri · 1853
- State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
- State ex rel. Attorney General v. MessmoreWisconsin Supreme Court · 1861
- State ex rel. Attorney General v. MathenySupreme Court of Kansas · 1871
3Cited by14 opinions
- Barrett v. DuffSupreme Court of Kansas · 1923
- State ex rel. Goodin v. ThomanSupreme Court of Kansas · 1872
- State ex rel. Attorney General v. Board of CommissionersSupreme Court of Kansas · 1874
- Jackson v. FreemanSupreme Court of Oklahoma · 1995
- Pruitt v. SquiresSupreme Court of Kansas · 1902
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