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

No. 38,698

172 Kan. 601 (1952)

242 P.2d 527

THE STATE OF KANSAS on the relation of Kenneth V. Moses, County Attorney of Marshall County, Kansas, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF MARSHALL COUNTY, KANSAS: Harry Warren, Chairman of said Board; Ted Dolen, Member of said Board; C.R. Conger, Member of said Board; Manilla Prebble, Clerk of said Board; and Hugh G. Havens, Treasurer of Marshall County, Kansas, Defendants.

Supreme Court of Kansas.

Opinion filed March 28, 1952.

Attorney(s) appearing for the Case

Kenneth V. Moses, of Marysville, argued the cause and was on the briefs for the plaintiff.

Robert E. Ferguson, of Marysville, argued the cause and was on the briefs for the defendants.

The opinion of the court was delivered by

SMITH, J.:

This is an original action in quo warranto to oust the defendant board of county commissioners and the county clerk and the county treasurer of Marshall county from incurring obligations against and expending funds raised by tax levy under G.S. 1949, 39-364. The defendants have answered. The parties have entered into an agreed statement of facts and the case has...

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