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STATE, EX REL., v. REED

Nos. 39,034, 39,057

175 Kan. 142 (1953)

259 P.2d 238

THE STATE OF KANSAS, on the relation of RICHARD A. SWALLOW, County Attorney of Jefferson County, Kansas, Appellee, v. HAROLD REED, VERNON J. KESINGER and FRANK CHAMPION, as The District Board of Common School District No. 79, Jefferson County, Kansas, Appellants. ANNA PATTERSON, RUTH REED, MILDRED CROPPER and EVELYN WILLIAMSON, Appellants, v. HAROLD REED, VERNON J. KESINGER and FRANK CHAMPION, as The District Board of Common School District No. 79, Jefferson County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed July 6, 1953.

Attorney(s) appearing for the Case

James F. Swoyer, Sr., of Oskaloosa, argued the cause and James F. Swoyer, Jr., and Martha Ann Swoyer, both of Oskaloosa, were with him on the briefs for the appellants, Case No. 39,057; Richard A. Swallow, county attorney, and James F. Swoyer, Sr., and James F. Swoyer, Jr., both of Oskaloosa were on the briefs for appellee in Case No. 39,034.

Milton P. Beach, of Oskaloosa, was on the briefs for appellees in Case No. 39,057 and appellants in Case No. 39,034.

The opinion of the court was delivered by

SMITH, J.:

These were mandamus actions. They each concern the same common-school-district election. Case No. 39,034 was brought in the name of the state on the relation of the county attorney. Case No. 39,057 was brought in the name of four residents of the district. Each case had the same defendants. The trial court overruled the defendants' demurrer in Case No. 39,034 that was brought in the name of the state on...

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