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STATE, EX REL. McQUEARY v. MIAMI COUNTY COMM'RS

No. 37,812

168 Kan. 723 (1950)

215 P.2d 631

THE STATE OF KANSAS, ex rel. WILLIS H. McQUEARY, County Attorney of Miami County, Kansas, Appellant, v. THE BOARD OF COUNTY COMMISSIONERS OF MIAMI COUNTY, KANSAS et al., Appellees.

Supreme Court of Kansas.

Opinion filed March 11, 1950.

Attorney(s) appearing for the Case

A.J. Herrod, of Kansas City, argued the cause, and Oliver D. Rinehart, of Paola, was with him on the briefs for the appellant.

L. Perry Bishop, of Paola, and John H. Morse, of Mound City, argued the cause, and Bernard L. Sheridan and J. Milton Sullivant, both of Paola, were with them on the briefs for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This was an action challenging validity of the organization of a joint rural high-school district, and seeking to oust it from exercising any corporate powers.

The plaintiff appeals from a ruling and decision quashing service of process issued against the board of county commissioners, the county clerk and the county treasurer of Linn county, and from an adverse ruling on a demurrer to the petition...

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