The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-05
LEGAL.
LEGAL.
Published In The Topeka State Journal
Feb. 8, 1867
HOUSE BILL No. 4s.

transfer from the district court and court
OF common pleas of Wyandotte county, OF
certain actions 10 said circuit court ana
from the circuit court to the district court
and the court of common pleas and for
the appointment and election of a Judge
and clerk therefor.
Be it enacted by the Legislature of the
State of Kansas:
Section l. That new court of record
be and such court is hereby created ana
established for the county of Wyandotte
to be called the Circuit Court OF Wyan-
ootte county. Said court shall have one
presiding judge whose style of offlce sna ~
be Judge of the Circuit Court" and sald
court shall have clerk whose style OF
office shall be CLERK OF the circuit
Court"
Sec. 2. Said court shall have seal
bearing the words Circuit Court ,rS OF
Wyandotte county, State of Kansas me Inc
board of county commissioners OF the SAID
county of Wyandotte shall forthwith pro
cure the seal provided for by TINS s of oid
circuit court, who shall thereafter nave
the custody of said seal and with which
he shall authenticate all processes or SAID
court and all of his official acts.
Sec. 3. The court hereby established
shall have concurrent original jurisdiction
with the district court and the court OF
common pleas of said county, of all civil
actions, legal and equitable, except action
for divorce and shall have jurisdiction in
addition thereto to try and determine all
actions which shall be transferred from
said district court and court of common
pleas to said circuit court by authority of
this act, or of any other law of this state;
and for the purposes of the jurisdiction
hereby conferred and of its proper and
necessary exercise, all the laws of this
state relating to the powers and jurisdic-
t1on of district courts ana the practce,
pleadings. and proceedings therein, shall
apply to said circuit court and to the MODE
or procedure therein and to the process
thereof, original, mesne, and final so far
EAs the same may be applicable
Sec. 4. All indictments and tnformattons
which shall be fed in criminal actions or
proceedings in said county between the
first day of May and the last day Of Au-
gust both inclusive in each year during
which said court shall be in existence
shall be filed in the said circuit court and
shall be triable therein; and said court
shall have exclusive original jurisdiction
of such actions and all the laws of the
state relating to the powers and iurisdic-
ton of the district court In criminal &C
tons. and to the practice pleadings and
proceedings therein, shall apply. to the
said circuit court and to the mode of pro-
ceedure therein.
Sec. 5. The circuit court shall have
original jurisdiction IN proceedings In quo
warranto, habeas corpus, and mandamus,
and may allow injunctions in all proper
actions and proceedings. Such court shall
have no original jurisdiction of any GRIM
Nided in the preceding section and no ap-
pelate Jurisdiction from any inferior
court Of tribunal, but 1t shall have and
possess concurrent with the district
court and court of common pleas super
Visory powers over and respecting all
courts and tribunals inferior to the dis
trict court to prevent and correct abuses
and errors
Sec, 6. The Judge of the circuit court
lions of proceedings pending or to be
brought in or before said court shall have
and exercise Jurisdiction and power in
vacation or at chambers to hear and de-
termine motions to grant vacate or mod
1fy tntunctfons, to grant, dissolve or dis
charge attachments, to appoint receivers,
vacate. or modify all necessary interlocu-
tory orders, and to punish for contempt;
and . in all other cases the judge. of the cir
powers and Jurisdiction in term time or
at chambers respecting actions or proceed
ings In said circuit court as by law are
conferred upon the district judge respect
court
admitted to practice in the supreme court
or IN any district court of this state and
have not been disbarred or suspended
OF the circuit court; but said circuit court
for good cause shall have power to nro-
n nrei amy t attorney from appearing
Ing an attorney from appearing or prac-
ticing in said court shall be entered upon
the grounds or cause thereof: and the
person aggrieved thereby may appeal
therefrom to the supreme court.
Sec. S. When the Judge of said court
is interested in any particular action
pending in said court. or the subject mat
ter thereof, or has been of counsel therein
thereto.
or is a witness to any material fact in the
case. or Is otherwise disqualified to hear
try, or determine such action, the parties
thereto or their attorneys of record may
by written stipulation to be filed and en-
tered on the journal. select a Judge pro
tenn or a Judge pro tenn shall be seIecfeS
when either of the parties to such action
snali request the same in the manner
hereinafter provided, in case a judge pro
tenn Is not selected in either of said meth
DDS such action shall be transferred nv
said circuit court to the district court or
the court of common pleas of said county
Tor trial. When the presiding Judge Of
the circuit court shall be sick or absent at
the commencement of q term or shall he
come sick or shall absent himself during
"a term before all the cases on the docket
Eor trial at that time are disposed oF a
Judge pro tenn may be selected bv the
bar for such term or for the remainder
OF such term; or until such absence or
disability of the Judge of the circuit court
shall terminate: but no such selection
shall be made unless at least twenty of
the attorneys practicing in said court and
residing in said county be present and
participate in the proceedings therefor.
shall require majority of all the votes
cast to constitute an election. Such se
lection shall be under the direction of the
clerk of said court. and such clerk shall
enter upon the journal a record of tbe
proceedings. Including the names of ali
the attorneys participating therein the
result of the ballot and the accentsncs
and qualifying of the person so selected
The judge pro tenn shall have the same
circuit court while serving as such: and
the Judge pro TEN chosen by reason of
the sickness or absence of the Judge of
the circuit court shall hold until the close
of the term at which he was selected nm
less the judge of the circuit court before
that time shall resume the performance
of his duties.
Sec. g. When in any action pending or
about to be commenced in the circuit
cult court shall be out of the county The
Judge Of the district court or of the said
court OF common pleas. may, upon proper
application grant temporary Injunction
or restraining order in such action and
40 and perform any other act proper To
be done or performed therein upon the
same terms and in the same manner ana
with like effect as probate judges are an
thoriZed to act in actions in the district
the district Judge %
Sec 10: The. governor shall prior tn