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STATE, EX REL., v. BELT

No. 39,351

175 Kan. 330 (1953)

264 P.2d 883

THE STATE OF KANSAS, on the relation of John Staley Holden, County Attorney of Gray County, Kansas, Appellant, v. BETTY BELT, as County Clerk of Gray County, Kansas, and DONALD ROHRBAUGH, BERT SMITH, ART SEAL, RONALD SALMANS, J.R. ALLEN, FLOYD HARGETT, R.D. MITCHELL, HAROLD HOSKINSON, C.F. COSSMAN, D.J. SMITH, LEO B. BORLAND, NATHAN H. ENGLISH, JOHN H. TIMKEN, JOHNSON HOLDEN, JESS KOEHN, JOHN O'NEAL, M.L. JOHNSON, VIRGIL GEORGE, S.J. IRSIK, G.A. EGBERT, and L.R. MACKEY, Interveners, Appellees.

Supreme Court of Kansas.

Opinion filed December 12, 1953.

Attorney(s) appearing for the Case

Thomas M. Evans, assistant attorney general, and John Staley Holden, county attorney, argued the cause, and Harold R. Fatzer, attorney general, was with them on the briefs for the appellant.

C.C. Linley, of Cimarron, argued the cause and was on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This is an appeal by the State from a judgment denying a writ of mandamus in an action brought by the State upon the relation of the county attorney of Gray County against the county clerk of that county, in her official capacity, to compel that official to extend and spread upon the tax rolls such levy as will raise the sum of $10,270 for the Gray County Agricultural...

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