Capper v. Stotler

Citations

• 88 Kan. 387
• 128 P. 200
• 1912 Kan. LEXIS 73

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Mandamus—Election—County Canvassing Board—Adjournment Sine Die—Non Est. After the county board of canvassers has in good faith completely, and correctly canvassed the returns of an election, which are regular on their face, and adjourned sine die, the members of an election board can not be compelled to reconvene and count ballots for a state office which they have erroneously rejected and returned as void, for the reason that under such circumstances the county canvassing board has passed out of existence and can not be revived by its own action or by that of a court.</p>