Urmy v. Arnold
This text of 119 P. 1126 (Urmy v. Arnold) 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 action to oust the defendant from the office of police judge of the city of Topeka and to install the plaintiff therein under the soldier and sailor preference law. (Gen. Stat. 1909, § 7879.) The intervening petitioner, J. M. Dumenil, pleads the same right and asks for the same remedy. The law referred to creates a preferred class from which appointments-shall be made, but there is no paramount right between members of the class who may apply for the office and are found to be competent, and one of them can not maintain an action therefor. (Campbell v. Sargent, 85 Kan. 590, 118 Pac. 71.) The demurrer to the petition and the demurrer to the intervening petition are sustained.
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Cite This Page — Counsel Stack
119 P. 1126, 86 Kan. 346, 1912 Kan. LEXIS 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/urmy-v-arnold-kan-1912.