Hudson v. Conklin
This text of 93 P. 585 (Hudson v. Conklin) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an original action in quo warranto, brought by A. J. Hudson, who was a candidate for councilman of the city of Chanute, against C. E. Conklin, another candidate for the same office, who received a majority of the votes cast and is in possession of the office. The ground of contest is that Conklin was ineligible . to accept or hold the office because he was not an owner of real estate within the city, but the ineligibility of' Conklin, if it exists, does not give a minority candidate any claim to the office. (Wood v. Bartling, Mayor, 16 Kan. 109; Privett v. Bickford, 26 Kan. 52, 40 Am. Rep. 801.) Since it is conceded that Hudson has no title to the office, he has no interest, personal or peculiar to himself, which warrants him in challenging the right of the incumbent to hold the office. Having no interest which differs from other members of the general public, he must leave the maintenance of the action, if there be grounds for one, to some one authorized to appear for and represent the general public.
The proceeding is therefore dismissed.
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Cite This Page — Counsel Stack
93 P. 585, 77 Kan. 764, 1908 Kan. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-conklin-kan-1908.