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STATE, EX REL., v. CITY OF SOUTH HUTCHINSON

Nos. 38,583 and 39,200

175 Kan. 516 (1954)

266 P.2d 299

THE STATE OF KANSAS, on the Relation of FRED C. PREBLE, County Attorney of Reno County, Kansas, Appellant, v. THE CITY OF SOUTH HUTCHINSON, Reno County, Kansas; FRANK H. BANYARD, Mayor of said City; SI BONTRAGER, ROBERT A. WILBECK, ART B. DIRKS, C.W. HENSON, and T.J. McALISTER, Councilmen of said City; JOE E. GINGERICH, Treasurer of said City; GERALD COVERT, Clerk of said City; A.J. AHRENS, as County Clerk of Reno County, Kansas; ADELEE C. BYERS, as County Treasurer of Reno County, Kansas; the successors in office of said defendant officers, and the agents, servants, employees, attorneys and all persons acting in concert with any or all of the aforesaid defendants, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Roy C. Davis, of Hutchinson, Kansas, argued the cause, and Fred C. Preble, county attorney of Reno County, Kansas, was with him on the brief for the appellant.

J. Richards Hunter, of Hutchinson, Kansas, argued the cause, and Walter F. Jones and Harry H. Dunn, both of Hutchinson, Kansas, were with him on the brief for the appellees.

The opinion of the court was delivered by

THIELE, J.:

For present purposes it may be said that this was an action in quo warranto wherein the basic question was the validity of the incorporation of the city of South Hutchinson and of ordinances enlarging the limits of the city as originally incorporated.

The facts necessary for consideration to dispose of the appeals later mentioned are not in dispute. The record is replete with metes and bounds descriptions...

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