State ex rel. Schmitz v. Stewart

Citations

• 90 Kan. 778
• 135 P. 1182
• 1913 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1., Ouster — School Treasurer — Failure to Qualify in Twenty Days —Creates no Vacancy. The failure without sufficient cause of a school treasurer for more than twenty days after his election to qualify forfeits his right to the office but does not create a vacancy. This can be declared by the county superintendent or some court of competent jurisdiction, only after notice and hearing or an opportunity to be heard.</p> <p>2. School Treasurer — Qualifying Under the Statute. Qualifi-,, cation in such case includes talcing the oath of office and giving the required bond.</p> <p>3. Ouster Discretionary — Interests of School District Considered. The remedy of quo warranto is somewhat discretionary, and when no wrongful motive is shown and it appears that pending an action to remove him for failure to give a timely and próper bond a reelected school district treasurer who had taken the oath and acted as such officer for more than one year after his reelection, tendered a good and sufficient bond relating back to the beginning of his current term, the court, while having authority to render a judgment of ouster, is not compelled to do so, there being nothing to indicate that the condition or welfare of the district could be aided thereby.</p>