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STATE, EX REL., v. AXTON

No. 37,822

169 Kan. 49 (1950)

216 P.2d 784

THE STATE OF KANSAS, ex rel., HAROLD R. FATZER, Attorney General, Plaintiff, v. VERNON C. AXTON, Mayor of the City of Parsons, Defendant.

Supreme Court of Kansas.

Opinion filed April 8, 1950.

Attorney(s) appearing for the Case

Harold R. Fatzer, attorney general, and Theo. F. Varner, assistant attorney general, both argued the cause, and Willis H. McQueary, assistant attorney general, and J. Logan Shuss, county attorney, were with them on the briefs for the plaintiff.

Oren Gray, of Parsons, and Edward Rooney, of Topeka, both argued the cause, and Jacob Dickinson and David Prager, both of Topeka, were with them on the briefs for the defendant.

The opinion of the court was delivered by

PARKER, J.:

This is an original proceeding in quo warranto to oust Vernon C. Axton from the office of mayor of the city of Parsons, Kan. It was instituted in the name of the state on the relation of the attorney general under the provisions of G.S. 1935, 60-1609 et seq., providing for the forfeiture of a public official's office for willful misconduct or willful neglect to perform duties enjoined upon him as...

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