16 Kan. 109 | Kan. | 1876
The opinion of the court was delivered by
This is an action of mandamus to compel the mayor, council, and city clerk of the city of Topeka to issue to the plaintiff a certificate of election showing that he was elected to the office of justice of the peace in and for the city of Topeka on the 6th of April 1875. All questions have been so arranged and disposed of by the parties that the only question for us to determine is, whether the plaintiff was duly elected to said office of justice of the peace or not. Involved in this question, however, are several others, which we shall consider as we proceed with this opinion. We think we may assume as among the established facts in this case, that there were two justices of the peace to be elected in the city of Topeka on the said 6th of April 1875; that the mayor however
Judgment in this case will be rendered for the defendants.