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SCHOOL DIST. v. SARVIS

No. 37,902

168 Kan. 53 (1949)

210 P.2d 828

SCHOOL DISTRICT No. 2, Norton and Decatur Counties, Kansas, by WELDON MILLER, Director, Appellant, v. G.V. SARVIS, County Clerk of Norton County, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed October 29, 1949.

Attorney(s) appearing for the Case

L.F. Cushenbery and Aldeverd Metcalf, both of Oberlin, argued the cause, and John M. Bremer, of Oberlin, was with them on the briefs for the appellant.

Keith G. Sebelius and J.C. Tillotson, both of Norton, argued the cause, and were on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action in mandamus for an order commanding defendant to extend a levy of 18.74 mills upon the taxable property of plaintiff in Norton county. After a hearing the trial court denied the writ and plaintiff has appealed.

The basic facts are not in controversy and may be stated as follows: The plaintiff is a joint common-school district of Decatur and Norton counties. Its school building...

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