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STATE, EX REL., v. BD. OF EDUC. OF COMMON SCHOOL DIST.

No. 38,946

173 Kan. 532 (1952)

249 P.2d 689

THE STATE OF KANSAS, on the relation of Terry E. Relihan, County Attorney of Smith County, Kansas, Plaintiff, v. THE BOARD OF EDUCATION OF COMMON SCHOOL DISTRICT NUMBER FOUR OF SMITH COUNTY, KANSAS; W.E. LEE, Director of said Board; MELVINA LEONARD, Treasurer of said Board; MELVIN COLLIER, Clerk of said Board; and COMMON SCHOOL DISTRICT NUMBER FOUR OF SMITH COUNTY, KANSAS, Defendants.

Supreme Court of Kansas.

Opinion filed November 8, 1952.

Attorney(s) appearing for the Case

Terry E. Relihan, Smith county attorney, was on the briefs for the plaintiff.

Arno Windscheffel, of Smith Center, was on the briefs for the defendants.

The opinion of the court was delivered by

THIELE, J.:

This is an original action in quo warranto to determine the power and authority of the defendant board and its officers to issue bonds of the school district under the circumstances hereafter related.

Preliminary to a review of the pleadings we note that by the enactment of Laws 1951, chapter 395, section 44 (appearing as G.S. 1951 Supp. 72-2017) the state legislature provided, in substance, that...

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