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78 Kan. 218

Hamilton v. Smart

Supreme Court of Kansas

Decided May 9, 1908

Supreme Court of Kansas · decided 1908-05-09

<p>Original proceeding in mandamus.</p>

Cited by 4 later decisions — most recently March 1927

4 state decisions

Key passage — most relied on by later courts

““The extraordinary remedy of mandamus can not be employed when an effective remedy may be had in a proceeding in error.” (p. 218.)”

quoted by 1 later decision, including Spacek v. Aubert

Relies on Mason v. Grubel

Good law ✅— No negative treatment on recordhow we know

Writ denied · Decided 1908-05-09

View the full empirical analysis of this case →

Per Curiam:

¶1In an action brought by Mary Alice Hamilton against the city of Ottawa she moved for a change of venue, upon the ground that the district judge was disqualified by reason of being a resident and taxpayer of the city. The motion was denied, and thereupon the plaintiff applied to this court for a writ of mandamus to compel that court to grant a change of venue. She insists that the district court committed error in denying her application for a change of venue. It is plausibly argued by counsel for defendant that ownership of property and residence within a city do not constitute such an interest as disqualifies a judge, but, however that may be, if an error was committed in refusing a change of venue it may be corrected in an ordinary appellate proceeding. The extraordinary *219remedy of mandamus can not be employed when an effective remedy may be had in a proceeding in error. (Mason v. Grubel, 64 Kan. 835, 68 Pac. 660.)

¶2The writ is denied.

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