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STATE EX REL., v. LOST SPRINGS RURAL HIGH SCHOOL DIST.

No. 39,163

176 Kan. 378 (1954)

271 P.2d 812

STATE OF KANSAS, ex rel., Appellee, v. LOST SPRINGS RURAL HIGH SCHOOL DISTRICT M & D No. 2, et al., Appellants.

Supreme Court of Kansas.

Opinion filed June 12, 1954.

Attorney(s) appearing for the Case

David W. Wheeler, of Marion, argued the cause, and Edwin G. Westerhaus, of Marion, was with him on the briefs for the appellants.

Mark L. Bennett, special assistant attorney general, of Topeka, argued the cause, and Harold R. Fatzer, attorney general, Paul Wilson, assistant attorney general, both of Topeka, and Thomas J. Butler, Jr., of Herington, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HARVEY, C.J.:

This was an action in quo warranto brought by the state on the relation of the attorney general to determine the boundaries of Lost Springs rural high-school district M and D No. 2 of Marion county and the boundaries of Herington school district No. 113 of Dickinson county and to oust the Lost Springs rural high-school district from the exercise of power to levy taxes over certain territory. The trial...

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