20 P. 259 (Kan. 1889), Cook v. Mock

Citation:20 P. 259, 40 Kan. 472
Opinion Judge:HORTON, C. J.:
Attorney:Strohm & Foley, for plaintiff. Wallace & Smoot, and Lydecker & Cooper, for defendant.
Judge Panel:HORTON, C. J. All the Justices concurring.
Case Date:January 05, 1889
Court:Supreme Court of Kansas

Page 259

20 P. 259 (Kan. 1889)

40 Kan. 472




Supreme Court of Kansas

January 5, 1889

          Original Proceedings in Quo Warranto.

         PETITION filed in this court, on April 28, 1888. The facts are stated in the opinion herein, filed at the session of the court in January, 1889.

          Judgment rendered in favor of defendant for costs.

         Strohm & Foley, for plaintiff.

         Wallace & Smoot, and Lydecker & Cooper, for defendant.

         HORTON, C. J. All the Justices concurring.


          HORTON, C. J.:

         The principal question presented is, whether the certificate of election issued to Charles R. Cook for the office of justice of the peace for the city of Kingman, the subsequent approval and filing of his bond and oath of office, together with a demand by him for the books and records of [40 Kan. 473] the office, entitles him to the office as successor of Martin L. Mock. The facts in the case are, in substance, as follows: On October 28, 1878, there was in existence in the county of Kingman the municipal township of White; the first regular election after that date was held November 5, 1878, at which election regular township officers for White township, including justice of the peace, were chosen; in January, 1887, the city of Kingman was duly organized and declared a city of the second class; it was composed of a portion of the township of White; on February 3, 1885, at the township election for White township, two justices of the peace were elected for full terms, who duly qualified; soon thereafter, and more than thirty days prior

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to the next general election, Halstein, one of the justices, resigned, and Martin L. Mock was appointed as his successor, and at the next regular election for White township, in November, 1886, Mock was elected for the unexpired term of Halstein; at the time of the incorporation of the city of Kingman in 1887, Mock resided and held his office within the territory detached from White township, (included within the corporate limits of the city of Kingman,) and discharged the duties of the office of justice of the peace for the city of Kingman, and still continues to exercise the duties thereof; on April 8, 1887, at the regular election for justices of the peace for the city of Kingman, no one was elected as the successor of Mock; on the 20th of March,...

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