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STATE, EX REL., v. BOARD OF EDUCATION

No. 38,768

173 Kan. 780 (1953)

252 P.2d 859

THE STATE OF KANSAS, ex rel., OREN GRAY, County Attorney of Labette county, Plaintiff, v. BOARD OF EDUCATION OF THE CITY OF CHETOPA, being School District No. 4, Labette county; JOINT COMMON SCHOOL DISTRICT No. J-100, Labette and Cherokee counties; COMMON SCHOOL DISTRICT No. 5, Labette county; and COMMON SCHOOL DISTRICT No. 3, Labette county, Defendants.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

J. Logan Shuss, special assistant county attorney, argued the cause, and Oren Gray, county attorney, and Earl Bohannon, special assistant county attorney, were with him on the briefs for the plaintiff.

Richard L. Becker, of Coffeyville, argued the cause, and Dan R. Aul, of Chetopa, and Norris L. Hildreth, of Coffeyville, were with him on the briefs for the defendants.

Paul Armstrong, of Columbus, was on the briefs amicus curiae.

The opinion of the court was delivered by

WEDELL, J.:

This is an action in the nature of quo warranto to test the validity of chapter 395, Laws 1951, and particularly section 41 thereof (G.S. 1951 Supp. 72-1627) pursuant to which defendant, the board of education of school district No. 4, city of Chetopa, Labette county, annexed certain territory for school purposes.

Three other school districts are joined...

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