Hunt v. Gibson

Citations

• 99 Kan. 371
• 161 P. 666

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — Promise of Candidate to Appoint Electors to Office —Bribery. Conversations occurring before an election between a candidate for office and persons qualified to vote at the election considered, and held to have the effect of bribery by means of promises to appoint the electors to office in case the candidate was successful at the election.</p> <p>2. Same — Bribed Votes — Not Counted. The candidate referred to received the certificate of election. His opponent brings this action of quo warranto to determine his right to the office. Held, the votes of the electors referred to, which were cast in the defendant’s favor, can not be counted.</p> <p>3. Same — Illegal Promises Communicated, to Third Persons — Votes Not Counted. The promises referred to were communicated to third persons, who voted for the defendant because of such promises. Held, the votes of such persons can not be counted.</p> <p>4. Same — Plaintiff Entitled to the Office. Deducting the void votes from the total number received by the defendant, the plaintiff had a majority of those cast at the election. Held, the plaintiff was elected and is entitled to the office and its privileges and emoluments.</p>