McClure v. Scates

Citations

• 64 Kan. 282
• 67 P. 856
• 1902 Kan. LEXIS 198

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus — Recovery of Damages — Practice. Where a judg- . xnent is rendered in favor of the plaintiff in a mandamus proceeding, he may, in the same proceeding and as a part of his remedy, recover such damages as he has actually sustained through the wrong-doing of the defendants.</p> <p>2. -Election Contest — Measure of Damages. Where a proceeding is brought to compel a contested-election court to settle and sign a bill of exceptions, and judgment is given for plaintiff, he may recover as damages attorneys’ fees and other expenses necessarily incurred in procuring the settling and signing of the bill of exceptions.</p>