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STAWITZ v. NELSON

No. 42,520

188 Kan. 430 (1961)

362 P.2d 629

EMIL E. STAWITZ, Appellee, v. HARRY E. NELSON, Appellant.

Supreme Court of Kansas.

Opinion filed June 10, 1961.

Attorney(s) appearing for the Case

Charles Rooney, Sr., of Topeka, argued the cause, and Charles Rooney, Jr., of Topeka, was with him on the brief for the appellant.

Arthur L. Claussen, of Topeka, argued the cause, and A. Harry Crane, Ward D. Martin and Harvey D. Ashworth, all of Topeka, were with him on the brief for the appellee.

The opinion of the court was delivered by

PRICE, J.:

The question in this case is — who is legally entitled to the office of marshal of the Court of Topeka?

The facts are not in dispute.

At the November, 1958, general election one Marion T. Doss was elected to the office and assumed the duties thereof.

As a result of the August, 1960, primary election, Emil E. Stawitz was the Republican nominee for the office and Harry E. Nelson...

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