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McCALL v. GOODE

No. 37,777

168 Kan. 361 (1949)

212 P.2d 209

R.L. McCALL, E.E. SNELL, GEORGE E. DODSON, C.W. THOMALSON and N.H. RAYL, Board of Supervisors of Little Caney River Drainage District, Plaintiffs, v. CLAUDIE GOODE, County Treasurer of Chautauqua County, and A.M. ECKELBERRY, County Treasurer of Montgomery County, Defendants, and WILLIAM H. BURGWIN, ALTHEA LOUISE BOWEN, ART HENDERSON, ROBERT S. DEAL, COLEMAN S. BOGGS, DELLA FUGUA, ELLIS PATTERSON, GEORGE DOYE, J.S. SHOEMAKER and JOHN McCLASKY, Intervenors.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

R.O. Robbins, of Sedan, argued the cause, and was on the briefs for the plaintiffs.

Roy Kirby, county attorney, argued the cause, and Glenn T. Crossan, deputy county attorney, was with him on the briefs for the defendant, A.M. Eckelberry.

John F. O'Brien, of Independence, and T.D. Hampson, of Fredonia, argued the cause, and O.L. O'Brien, of Independence, was with them on the briefs for the intervenors.

The opinion of the court was delivered by

WEDELL, J.:

This is an original mandamus action instituted by members of the board of supervisors of Little Caney River Drainage District against the county treasurers of Montgomery and Chautauqua counties.

The motion for the writ prays for an order directing the county treasurer of Montgomery county to pay over to the county treasurer of Chautauqua county certain...

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