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STATE, EX REL., v. CITY OF TOPEKA

No. 38,681

172 Kan. 745 (1952)

243 P.2d 218

THE STATE OF KANSAS, ex rel., DORAL H. HAWKS, County Attorney of Shawnee County, Kansas, Appellant, v. THE CITY OF TOPEKA KANSAS, a municipal corporation; W. KENNETH WILKE, as Mayor of the City of Topeka, Kansas, HARRY SNYDER, as Commissioner of Parks of the City of Topeka, Kansas; C. MADISON WILLIAMS, as Commissioner of Streets of the City of Topeka, Kansas; LLOYD B. SMITH, as Commissioner of Water of the City of Topeka, Kansas; and J. GLEN DAVIS, as Commissioner of Finance of the City of Topeka, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 12, 1952.

Attorney(s) appearing for the Case

George M. Brewster, of Topeka, argued the cause, and Doral H. Hawks, county attorney, Richard R. Funk, Lester M. Goodell, Margaret McGurnaghan and Frederick A. Mann, all of Topeka, were with him on the briefs for the appellant.

Lloyd L. Hall, city attorney, argued the cause, and Harold E. Jones, and Frederic J. Carman, assistant city attorneys, were with him on the briefs for the appellee City of Topeka.

The opinion of the court was delivered by

WERTZ, J.:

This is an appeal from an order of the trial court sustaining a demurrer to plaintiff's petition. Appellant will hereinafter be referred to as plaintiff and appellees as the city or city of Topeka. Plaintiff's action is a proceeding in the nature of quo warranto brought in the name of the state of Kansas on relation of the county attorney of Shawnee county against...

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