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ASENDORF v. COMMON SCHOOL DISTRICT NO. 102

No. 39,144

175 Kan. 601 (1954)

266 P.2d 309

FRED D. ASENDORF, LeROY GARNETT, EDWARD H. BRANDIS, DICK WULF, WM. BRANDES, WALTER BRANDES, JOHN F. ASENDORF, WM. WIECHMAN, HENRY WIECHMAN, DEAN A. GOLDSMITH, ROBERT KERR, ROBERT BROWN, BEN F. KERR, JIM MATZEN, W.R. SCHROEDER, HARRY KELCH, ROBERT MEREDITH, JACK MATZEN, JOHN GERLACH, HOWARD SHIPLEY, SAM KERR, DALE GOLDSMITH, HAROLD FEAREY, and ROBT. STOEHR, Appellants, v. COMMON SCHOOL DISTRICT No. 102 of Sedgwick County, Kansas; KARL PETERSEN, HENRY BUNCK and ED HOMMERTZHEIM, Members of Board of Common School District No. 102; EDWIN J. GARD; PEARL KENSLER, County Superintendent of Public Instruction of Sedgwick County; RUFUS DEERING, Treasurer of Sedgwick County; JOHN EDWARDS, BYRON FARMER and HOWARD SCOTT, Members of the Board of County Commissioners of Sedgwick County; OTIS SCHWEITER, County Clerk of Sedgwick County; GEORGE ROBB, Auditor of the State of Kansas; ADEL F. THROCKMORTON, Superintendent of Public Instruction of the State of Kansas; and RICHARD T. FADELY, Treasurer of the State of Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed January 23, 1954.

Attorney(s) appearing for the Case

Robert C. Allan and Everett C. Fettis, both of Wichita, Kansas, argued the cause, and Keith M. Curfman, of Wichita, Kansas, was with them on the brief for the appellants.

W.D. Jochems, of Wichita, Kansas, argued the cause, and J. Wirth Sargent, Emmett A. Blaes, Roetzel Jochems, Robert G. Braden, S.C. Durbin, J. Francis Hesse, James W. Sargent, and Stanley E. Wisdom, all of Wichita, Kansas, were with him on the brief for the appellees.

The opinion of the court was delivered by

THIELE, J.:

This is an appeal from a judgment dismissing an action for a declaratory judgment and for injunctive relief for the reason the questions presented by the pleadings were moot.

In view of the contentions presented by the appeal the very lengthy petition will not be reviewed in detail. In substance plaintiffs alleged in their first cause of action that they...

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