Hay v. Keeshan
| Decision Date | 05 November 1910 |
| Docket Number | 17,347 |
| Citation | 111 P. 436,83 Kan. 438 |
| Parties | ROBERT M. HAY, Plaintiff, v. THOMAS KEESHAN et al. Defendants |
| Court | Kansas Supreme Court |
Decided July, 1910.
Original proceeding in mandamus.
Writ denied.
SYLLABUS BY THE COURT.
1. ELECTIONS--Amendment of Nominating Petition--Residence and Post-office Address. A petition nominating an independent candidate for county treasurer, signed by more than five per cent of the voters of the county, but defective in that less than five per cent of the signers stated thereon their place of residence and post-office address, may be amended by the filing of another petition signed by those who signed the original petition defectively, in which amended petition they make the proper statement of their residence and post-office address.
2. ELECTIONS--Validity of Nominating Petition--Judgment of Statutory Tribunal is Final. Upon objections being filed to a petition nominating an independent candidate for county treasurer the clerk of the court, county clerk and county attorney met to consider such objections, and decided that the original petition, which was defective, could not be amended by the filing of another petition which cured the defects in the original. Held, that although such decision is erroneous, it is final.
3. ELECTIONS-- Insufficient Petition--Vacancy--Power to Fill. In case an independent candidate for a county office is nominated and the petition is held insufficient or inoperative by the officers with whom it is filed, a vacancy is thus occasioned, and it may be filled by the persons or organization making the original nomination at any time before the election.
Monroe & Roark, for the plaintiff.
W. W Pease, for the defendant.
It is conceded in this case that a certificate, or petition, properly signed by 118 electors of the county is sufficient to nominate an independent candidate for county treasurer. A petition was filed with the county clerk containing the names of 125 electors nominating the petitioner as an independent candidate for county treasurer of Geary county, but less than 118 of the signers thereto stated their residence and post-office address thereon.
Objections were filed to the petition, and the clerk of the court county clerk and county attorney met to consider the objections thereto. They found, in substance, that the petition was properly signed by only 108 of the electors, and...
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Hiett v. Brier
...to appellate review. Miller v. Clark, 62 Kan. at 281, 282, 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.......
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Miller v. Jackson
... ... hearing, upon which an opinion was written (69 Kan. 877, 77 ... P. 1133), in which it found there was no evidence of fraud ... The statute was again considered and sustained in Griffin ... v. Gesner, 78 Kan. 669, 97 P. 794; Hay v ... Keeshan, 83 Kan. 438, 111 P. 436, and in Thompson v ... Pettijohn, 107 Kan. 548, 192 P. 749. In Hanson v ... Cornell, 136 Kan. 172, 12 P.2d 802, after the state ... contest board had denied the name of plaintiff to go on the ... ballot, on the ground that he was not eligible under the ... statute to ... ...