Legal Opinion

Benton v. Nason

Supreme Court of Kansas

Decided July 15, 1881PublishedCited by 6 opinions

Error from Pottawatomie District Court. Action brought by Benton against Nason and two others, as commissioners of Pottawatomie county, to restrain the canvass of the votes or any declaration of the result of a certain county-seat election. Trial at the adjourned March Term, 1881, of the district court, and judgment for the defendants and against the plaintiff, who brings the case here. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

On the 20th day of August, 1879, the board of county commissioners of the county of Pottawatomie ordered that an election be held on the 23d day of September, 1879, for the purpose of permanently locating the county seat of that county. At the day named the election was held, and the returns made to the county clerk, by which returns it appeared that of the four places voted for, Warn ego and Westmoreland received the highest number of votes, and no place receiving a majority of all. Before any canvass of the vote at such election, the…

2Cited by6 opinions

  1. City of El Reno v. Cleveland-Trinidad Paving Co.Supreme Court of Oklahoma · 1910
  2. State Ex Rel. Sullivan v. School District No. 1Montana Supreme Court · 1935
  3. Sabin v. ShermanSupreme Court of Kansas · 1882
  4. State ex rel. Bradford v. Board of CommissionersSupreme Court of Kansas · 1888
  5. State ex rel. Clark v. SmithSupreme Court of Kansas · 1883

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