31 Kan. 758 | Kan. | 1884
The opinion of the court was delivered by
This was an action in the nature of quo warranto, brought in the district court of Bourbon county,
It appears from the evidence and the findings of the court below that the election was conducted regularly and properly, and that returns thereof were made to the county clerk and to the city clerk, by sending to the county • clerk, under seal, one of the poll books, and by sending .to the city clerk the ballot box, the ballots cast, sealed up in an envelope, and the other poll book, both the ballots and the poll, book being sealed up in the ballot box. On April 6, 1883, the city council met as a board of canvassers, as required by statute, (Comp. Laws of 1879, ch. 19, §18,) and. canvassed the returns made to the city clerk. Finding that the tally sheet from the second ward was blotted, and not in a very satisfactory condition, the canvassing board opened the envelope containing the ballots, and counted the ballots. The returns of the judges and clerks of the election showed that Dorey received 144 votes, and Lynn 140 votes; but the ballots, as counted by the canvassing board, showed that Dorey received only 138 votes, and Lynn 140 votes; and there were some scattering votes. Lynn was declared to have been elected, and the certificate of election was duly issued to him; and he qualified and took possession of the office.
The only question to be determined in this case is, whether Lynn or Dorey was elected to the said office of councilman. From the evidence and the findings of the court below, we think there can be but little doubt that Lynn was elected, but it is claimed that the evidence showing the same was not competent or proper evidence. Such evidence was mainly
We think there can be no doubt as to the identity of the ballots in this case, and no doubt as to the number of votes
We think the defendant was duly elected councilman of the second ward of the city of Fort Scott, as found by the court below, and therefore the judgment of the court below will be affirmed. <