STATE, EX REL. MILLER v. LANE RURAL HIGH SCHOOL DISTRICT

No. 38,548

173 Kan. 1 (1952)

243 P.2d 232

THE STATE OF KANSAS, ex rel., ROBERT H. MILLER, County Attorney of Miami County, Kansas, Appellee and Cross-appellant, v. LANE RURAL HIGH SCHOOL DISTRICT No. 9 JOINT OF MIAMI AND FRANKLIN COUNTIES, a pretended municipal corporation, et al., Appellants and Cross-appellees.

Supreme Court of Kansas.

Opinion filed April 26, 1952.


Attorney(s) appearing for the Case

Douglas Gleason, of Ottawa, argued the cause, and John B. Pierson and Thomas E. Gleason, both of Ottawa, and William S. Bowers, county attorney of Franklin county, were with him on the briefs for the appellants and cross-appellees.

Robert H. Miller, county attorney of Miami county, and L. Perry Bishop, of Paola, argued the cause, and Bernard L. Sheridan, of Paola, was with them on the briefs for the appellee and cross-appellant.


The opinion of the court was delivered by

PRICE, J.:

This was an action in quo warranto brought by the state on the relation of the county attorney of Miami county to test the validity of proceedings leading up to the organization of a joint rural high-school district and to oust the defendant local officials from exercising any and all rights and duties in connection with such district. Judgment was entered in favor of plaintiff and defendants have appealed...

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