State v. Penner
| Decision Date | 08 October 1927 |
| Docket Number | 27,561 |
| Parties | THE STATE OF KANSAS, ex rel. WILLIAM A. SMITH, Attorney-general, etc., Plaintiff, v. L. R. PENNER, as Trustee of Lexington Township, Johnson County, Defendant |
| Court | Kansas Supreme Court |
Decided July, 1927.
Original proceeding in quo warranto.
Judgment ordered.
SYLLABUS BY THE COURT.
ELECTIONS--Nominations--Time for Objections and Contests. Objection to the nomination of a candidate for office at the August primary election must be timely made as provided by the primary election law, otherwise such nomination is deemed to be valid; and when no such objection is made and the candidate's name is printed on the ballot, and he is elected pursuant thereto at the general election in November, his title to the office is unassailable so far as any questions touching the regularity of his nomination are concerned.
William A. Smith, attorney-general, S.D. Scott and C. L. Randall, both of Olathe, for the plaintiff.
C. W. Gorsuch, of Olathe, for the defendant.
In this original action in quo warranto the state challenges the right of defendant L. R. Penner to hold the office of trustee of Lexington township, in Johnson county, on the ground that he was not regularly nominated at the August primaries in 1926.
Defendant answers that whatever the circumstances of his nomination, no timely objection as permitted by statute was made thereto; that he received the highest number of votes for township trustee at the general election in November and was inducted into office on January 10, 1927; that he is now in possession of that office and exercising its functions, and that his title to the office is now unassailable.
The facts which provoked this controversy are these:
Penner was a member of the democratic party and filed his declaration of intention to become a candidate of that party for nomination to the office of township trustee. One J. S. Adams was also a candidate for the democratic nomination. No candidate sought the republican nomination. At the August primary election Adams defeated Penner for the democratic nomination; but a few republicans wrote the name of Penner on their party ballots in the blank space provided for written nominations where no printed names of candidates appear; and the canvassing board declared Penner to be the republican candidate for township trustee. There was some correspondence between the county attorney, the county clerk and the attorney-general...
To continue reading
Request your trial
-
Hiett v. Brier
...62 P. 664; Allen v. Burrow, 69 Kan. at 818, 77 P. 555; Hay v. Keeshan, 83 Kan. 438, 439, 111 P. 436 (1910); State ex rel. v. Penner, 124 Kan. 285, 286-287, 259 P. 785 (1927); see also Thompson v. Pettijohn, 107 Kan. 548, 550, 192 P. 749 (1920). Since the above cases were decided, the statut......
-
Lichtman v. Board of Elections of Nassau County
...late to make objections after a candidate is elected to office. (See Cave v. Conrad, 216 Ind. 304, 24 N.E.2d 1010; State ex rel. Smith v. Penner, 124 Kan. 285, 259 P. 785; Matter of Johnson v. Bauchle, 149 Minn. 144, 182 N.W. 987; State ex rel. Whetsel v. Murphy, 122 Ohio St. 620, 174 N.E. ......
-
Coates v. Camp
... ... The ground upon which the ... petition was based was that Beal is ineligible under the ... constitution of the state to hold the office for the term ... beginning in January, 1947; that being so ineligible, his ... nomination is invalid and void, that the votes ... not be determined here. We merely say, on the question, that ... we do not find State ex rel. v. Penner, 124 Kan ... 285, 259 P. 785, to [161 Kan. 739] be controlling in support ... of the construction of 25-308 urged by appellee. In that ... case, ... ...
-
Noel v. Cunningham
... ... This is a ... proceeding in the nature of quo warranto to determine the ... title to the office of state's attorney of Hyde County ... At the general election held in November, 1938, M. Harry ... O'Brien was elected to that office and entered upon the ... Flynn et al. v. Lisle et al., 48 ... R.I. 281, 137 A. 466; Johnson v. Bauchle, 149 Minn. 144, 182 ... N.W. 987; State ex rel. Smith v. Penner, 124 Kan. 285, 259 P ... 785; Cave v. Conrad, ... ...