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98 Kan. 685

Kirkpatrick v. Abrahams

Supreme Court of Kansas

Decided July 8, 1916

Supreme Court of Kansas · decided 1916-07-08

<p>Case No. 20,816. Original proceeding in mandamus.</p> <p>Case No. 20,823. Original proceeding in quo warranto. Opinion filed July 8, 1916.</p>

Cited by 2 later decisions — most recently January 1934

2 state decisions

Relies on Supreme Lodge of the Order of Select Friends v. Raymond · Reno Lodge No. 99 v. Grand Lodge · Moore v. National Council of the Knights & Ladies of Security

Good law ✅— No negative treatment on recordhow we know

Judgment for the plaintiff and the intervenor · Decided 1916-07-08

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West, J.

¶1(dissenting) : The foregoing opinion correctly decides a case involving a private family quarrel with which we should have nothing whatever to do.

¶2The legislature guarded against going thus afield when it prescribed that a writ of mandamus may be issued to compel the performance of any act which the law specifically enjoins as a duty resulting from an office, trust or station. (Civ. Code, §714.) What office, what trust, or what station; what act specifically enjoined; by what law do we find in the record? None. The case shoul ;1 be dismissed. (Reno Lodge v. Grand Lodge, 54 Kan. 73, 37 Pac. 1003; Supreme Lodge v. Raymond, 57 Kan. 647, 47 Pac. 533; Moore v. National Council, 65 Kan. 452, 70 Pac. 352; Stadler v. Bnai Brith, 5 Ohio Dec. (Reprint) 221, 3 Am. L. Rec. 589; 29 Cyc. 199.)

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