State ex rel. Dawson v. Branine

Supreme Court of Kansas

State ex rel. Dawson v. Branine

125 P. 343, 87 Kan. 795, 1912 Kan. LEXIS 240

CourtSupreme Court of Kansas

DecidedJuly 22, 1912

DocketNo. 18,351

StatusPublished

This text of 125 P. 343 (State ex rel. Dawson v. Branine) 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.

Bluebook

State ex rel. Dawson v. Branine, 125 P. 343, 87 Kan. 795, 1912 Kan. LEXIS 240 (kan 1912).

Pincite

Opinion

Per Curiam:

The court is of the opinion that the district court •of Harvey county had Jurisdiction to entertain the petition filed therein and to issue a restraining order pending its examination •of the case. It is further of the opinion that such petition does not state a cause of action for a kind of fraud cognizable by a ■court of law or equity. Assuming the facts stated to be true, they are political in their nature and the remedy of the plaintiffs is by political methods. The courts can not be called upon to ■decide political matters further than the statutes clearly require, ■and the statutes of Kansas do not, expressly or by implication, •authorize the granting of the relief asked of the district court of Harvey county.

It is assumed that the district court of Harvey county will reach the same conclusion and dismiss the action pending before it. Upon such dismissal the occasion for the proceeding in this -court will be removed, and consequently this proceeding is dismissed. ‘

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Per Curiam:

The court is of the opinion that the district court •of Harvey county had Jurisdiction to entertain the petition filed therein and to issue a restraining order pending its examination •of the case. It is further of the opinion that such petition does not state a cause of action for a kind of fraud cognizable by a ■court of law or equity. Assuming the facts stated to be true, they are political in their nature and the remedy of the plaintiffs is by political methods. The courts can not be called upon to ■decide political matters further than the statutes clearly require, ■and the statutes of Kansas do not, expressly or by implication, •authorize the granting of the relief asked of the district court of Harvey county.

It is assumed that the district court of Harvey county will reach the same conclusion and dismiss the action pending before it. Upon such dismissal the occasion for the proceeding in this -court will be removed, and consequently this proceeding is dismissed. ‘

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Bluebook (online)

125 P. 343, 87 Kan. 795, 1912 Kan. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-dawson-v-branine-kan-1912.