Campbell v. Sargent

Citations

• 85 Kan. 590
• 118 P. 71
• 1911 Kan. LEXIS 119

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — “Soldier’s Preference Law” — Necessary Allegations of Petition, Demurrer. In an action by a private individual to oust one holding a public office from such office, it is essential to the statement of a cause of action that it be alleged in the petition that the occupant, defendant, has either usurped, intruded into or unlawfully holds or exercises the office; also, that the plaintiff, himself, is entitled to hold and exercise the office.</p> <p>2. - When Action Should be in Name of State. If no individual, as against the occupant, has a better right to the office than other individuals of the community, then the interest therein is public and such action can only be brought by the state through its appointed agencies.</p>