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STATE, EX REL., v. BOARD OF COUNTY COMM'RS

No. 38,968

173 Kan. 544 (1952)

250 P.2d 556

THE STATE OF KANSAS, ex rel. HAROLD R. FATZER, as Attorney General Thereof, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LYON, STATE OF KANSAS: TED NEWCOMER, as Commissioner of the First Commissioner District, E.H. FOWLER, as Commissioner of the Second Commissioner District, and WALTER LARKIN, as Commissioner of the Third Commissioner District, all of and for Lyon County, Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed November 20, 1952.

Attorney(s) appearing for the Case

Clarence V. Beck and Earl B. Shurtz, both of Emporia, argued the cause, and Harold R. Fatzer, attorney general, and Paul E. Wilson, assistant attorney general, both of Topeka, were with them on the briefs for the plaintiff.

Everett E. Steerman and George Allred, both of Emporia, argued the cause, and Champ Graham, County Attorney of Lyon county, was with them on the briefs for the defendants.

The opinion of the court was delivered by

HARVEY, C.J.:

This is an original action in quo warranto by which plaintiff questions the authority of defendants to do certain acts in connection with the building of a new courthouse in Lyon county. The case is presented to the court upon the facts agreed to in the pleadings and stipulated in writing. Defendants are not charged with fraud. The pertinent facts may be stated as follows:

In 1943 our legislature...

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