Little v. Davis

Citations

• 80 Kan. 777
• 104 P. 560
• 1909 Kan. LEXIS 160

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Office and Officers — Action to Try Title — Election of Remedies. There are two remedies for trying the right to a township or county office. The first is the usual, ordinary remedy by contest under the provisions of section 2655 of the General Statutes of 1901; it is reasonably adequate for the purpose for which it is intended; it determines the right to the office. The second is by an action in quo warranto, which is an extraordinary remedy, controlled to a large extent by the discretion of the court.</p> <p>2. Quo Warranto — Judicial Discretion. Plaintiff brought an action in quo warranto to oust the defendant from the office of coroner. In his petition it was alleged that he had first pursued the ordinary remedy by contest, until confronted by an adverse ruling of the contest court, when he dismissed his contest. Held, this court in its discretion will refuse to entertain the action, and the same is dismissed.</p>