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STATE, EX REL., v. MONTROSE RURAL HIGH SCHOOL DIST.

No. 38,039

169 Kan. 653 (1950)

219 P.2d 1071

STATE OF KANSAS, ex rel., L.E. WELTMER, County Attorney of Jewell County, Kansas, Appellant, v. THE MONTROSE RURAL HIGH SCHOOL DISTRICT OF JEWELL COUNTY, KANSAS; A.T. MENHUSEN, County Superintendent of Public Instruction of Jewell County, Kansas; ROY E. WALLACE, CLARENCE M. AHRENS and GUS BERNARD, as the Board of County Commissioners of Jewell County, Kansas; E.L. BRINKWORTH, County Clerk of Jewell County, Kansas; and RUTH KENT, County Treasurer of Jewell County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 8, 1950.

Attorney(s) appearing for the Case

L.E. Weltmer, county attorney of Jewell county, George E. Teeple, of Mankato, and Orin C. Jordan, of Beloit, were on the briefs for the appellant.

N.J. Ward, of Belleville, was on the briefs for the appellees.

The opinion of the court was delivered by

SMITH, J.:

This is an action by the state on the relation of the county attorney of Jewell county to restrain the attachment of territory to a rural high-school district. Defendants' demurrer to plaintiff's petition was sustained. Plaintiff has appealed.

After the formal allegations, the petition alleged that the Montrose Rural High School District through its recognized agents caused the circulation of a petition...

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