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STATE, EX REL. SHAW v. CITY OF TOPEKA

No. 37,816

168 Kan. 663 (1950)

215 P.2d 644

THE STATE OF KANSAS, ex rel., WARREN W. SHAW, County Attorney of Shawnee County, Plaintiff, v. THE CITY OF TOPEKA, a municipal corporation: FRANK J. WARREN, Mayor; HARRY SNYDER, Commissioner of Parks; C. MADISON WILLIAMS, Commissioner of Streets; LLOYD SMITH, Commissioner of Water; J. GLEN DAVIS, Commissioner of Finance, Defendants.

Supreme Court of Kansas.

Opinion filed February 28, 1950.

Attorney(s) appearing for the Case

Warren W. Shaw, county attorney, and Lester M. Goodell, Margaret McGurnaghan, Frederick A. Mann, and George M. Brewster, all of Topeka, were on the briefs for the plaintiff.

Frank P. Eresch, city attorney, and Peter F. Caldwell, assistant city attorney, were on the briefs for the defendants.

The opinion of the court was delivered by

WEDELL, J.:

This original proceeding, in the nature of quo warranto, was instituted by the state, on the relation of the county attorney of Shawnee county, to test the validity of chapter 262, Laws 1939 (G.S. 1947 Supp. 72-1757). The act reads:

"AN ACT relating to elections by boards of education in cities of the first class and providing for the cost of such elections. "Be it enacted by the Legislature...

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