[Download] "Driscoll v. Hershberger" by Supreme Court of Kansas " Book PDF Kindle ePub Free
eBook details
- Title: Driscoll v. Hershberger
- Author : Supreme Court of Kansas
- Release Date : January 08, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The opinion of the court was delivered by This is an original action in quo warranto in which plaintiff
Driscoll seeks a determination of the right of defendant
Hershberger to hold office as a member of the board of regents,
to have Hershberger ousted from the office and to have plaintiff
Driscoll declared entitled to and recognized as a member of the
board. In his petition plaintiff alleges that the defendants other
than Hershberger constitute the board of regents, which was
organized and existing under and by virtue of G.S. 1949, 74-3201
(Laws 1939, ch. 289); that plaintiff was first appointed as a
member of the board by Governor Schoeppel on July 17, 1943, for a
term expiring December 31, 1945, the appointment being confirmed
by the senate of the state of Kansas; that thereafter he was
reappointed by Governor Schoeppel as a member of said board on
December 31, 1945, for a term expiring December 31, 1949, the
appointment being confirmed by the senate; that thereafter and on
December 30, 1949, he was again appointed by Governor Carlson as
a member of the board for a term of four years expiring December
31, 1953, and a commission therefor was duly issued to him; that
appointments as members of the board are, under the above
statute, made by the governor with the advice and consent of the
senate, and that his appointment on December 30, 1949, was made
at a time when the senate was not in session; that by reason of
the statute he is entitled to hold his office for a term of four
years and until his successor has been appointed and qualified
and until the senate has acted thereon, and that it was the duty
of the governor to submit plaintiff's appointment by Governor
Carlson to the senate for consideration and affirmative action in
confirming or rejecting the appointment.
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