67 P. 856 | Kan. | 1902
The opinion of the court was delivered by
In the trial of a contested election in Seward county, the contest court determined that T. A. Scates, who claimed the the office of county attorney, had not been elected. Scates immediately prepared and presented to the contest court a bill of exceptions for settlement and to be signed when settled, but the judges of the contest court separated without taking any action, and Scates then brought this proceeding in mandamus to compel the settling and signing of a bill of exceptions. One of the judges, O. S. Kilgore, answered that he was ready to proceed to settle and sign, but service was not obtained on the other judges until a second writ was issued. When
The decision and judgment of the trial court were in favor of Scates, and it was further held that he was entitled to the damages which he had sustained from the wrongful acts of the defendants.
At the request of the defendants, a jury was called to determine the damages sustained by the plaintiff. The court, at the instance of the defendants, required the plaintiff to set up by way of amendment an itemized statement of the damages which he had sustained, and upon proof offered, the jury assessed his damages at $106.20, and f.or this amount judgment was rem dered.
No sufficient excuse for their failure to act was alleged or shown by the members of the contest court, and their conduct as disclosed by the record evinces a disposition to avoid a plain duty. The bill of exceptions presented to them was & 'bona fide one, and the fact that they promptly signed it without substantial change when evasion was no longer possible shows a lack of good faith when they first answered that it could only be corrected “by long, laborious and tedious clerical work of moment, requiring many days.”
The objections to the rulings upon the returns made by the judges aré without merit, and no good reason
We find sufficient evidence to sustain the award of damages, and discover no substantial error in submitting the question to the jury. The judgment of the trial court will, therefore, be affirmed.