Bailey v. Turner

Citations

• 108 Kan. 856
• 197 P. 214
• 1921 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Refusal of State Auditor to Issue Warrant — Validity of Claim Determined in Mandamus Proceedings. Where the state auditor refuses to approve a claim against the state for services performed by one acting as an officer, basing his refusal upon the ground that the • claimant was disqualified, to hold the office, and for that reason was not entitled to compensation, the facts not being in dispute, the validity of the claim may be determined in a proceeding in mandamus to compel its approval by the auditor, notwithstanding the legality of the claimant’s title to the office may incidentally be involved.</p> <p>2. Court Stenographer — Relative of District Judge — Stenographer Disqualified to Hold the Office. A relative of the district judge, who was court reporter at the time the statute in reference to his office was revised, and continued thereafter to act in that capacity, is held to be within the operation of a clause inserted in the revision providing that no reporter shall be related to the judge.</p> <p>3. Same — No Adverse Claimcmt. A proceeding to enforce the payment of salary cannot be maintained by one who has performed the duties of a public officer for which he is by law disqualified, even where there is no adverse claimant.</p> <p>4. Same — The Decree of Relationship Which Would Disqualify a Stenographer to Hold the Office Stated. Assuming that the provision of the statute that no court reporter shall be related by blood to the judge is not intended to disqualify as reporter every one having a common ancestor with the judge, however remote, it may reasonably be con- . strued as applicable only to cases of blood relationship within the ninth degree, that connection being sufficiently remote to be practically negligible as affecting the attitude of the persons concerned toward each other — a principle recognized by the common law.</p>