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DICK v. DRAINAGE DISTRICT NO. 2

No. 39,244

175 Kan. 869 (1954)

267 P.2d 494

J.M. DICK, et al., Appellees, v. DRAINAGE DISTRICT No. 2 OF HARVEY, RENO, and McPHERSON COUNTIES, KANSAS, and WANDA H. BENEDIX, as Treasurer of Harvey County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed March 6, 1954.

Attorney(s) appearing for the Case

J.R. Rhoades, of McPherson, and J.G. Somers, of Newton, argued the cause, and George R. Lehmberg, of McPherson, and George A. Robb, of Newton, were with them on the briefs for the appellant Drainage District.

Lelus B. Brown, county attorney of Harvey county, was on the briefs for the appellant County Treasurer.

Kenneth G. Speir, of Newton, argued the cause, and Vernon A. Stroberg and Herbert H. Sizemore, both of Newton, were with him on the briefs for the appellees.

The opinion of the court was delivered by

PARKER, J.:

This is an appeal from orders overruling separate demurrers to a petition.

Under appropriate allegations the pleading in question discloses the corporate existence of the defendant Drainage District, the official character of the defendant County Treasurer, and that plaintiffs are the owners of separate tracts of real estate, located in Harvey county, over which the corporation is attempting to...

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