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STATE, EX REL., v. JONES

No. 38,135

169 Kan. 521 (1950)

219 P.2d 706

THE STATE OF KANSAS, ex rel. J.D. CONDERMAN, County Attorney of Allen County, Kansas, Petitioner, v. IVAN R. JONES, Respondent.

Supreme Court of Kansas.

Opinion filed June 24, 1950.

Attorney(s) appearing for the Case

J.D. Conderman, county attorney, Iola, argued the cause, and was on the briefs for the plaintiff.

Frederick G. Apt, of Iola, argued the cause, and Howard M. Immel, of Iola, was with him on the briefs for the respondent.

The opinion of the court was delivered by

SMITH, J.:

This is an original action in quo warranto brought by the county attorney of Allen county in the name of the state to test the right of respondent to hold the office of mayor of Iola.

Issues were joined by the filing of a petition and answer. By stipulation depositions were taken by both parties. The cause has been submitted on that record.

Iola...

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