STATE, EX REL., v. HENDERSON

No. 39,943

179 Kan. 142 (1956)

292 P.2d 718

STATE OF KANSAS, ex rel., LAURENCE R. MULLIKEN (JULES V. DOTY), County Attorney of Cherokee County, Kansas, Appellee, v. G.W. HENDERSON, County Clerk of Cherokee County, Kansas; HAROLD B. RELF, County Superintendent of Public Instruction of Cherokee County, Kansas; and THE BOARD OF EDUCATION OF THE CITY OF WEIR of the State of Kansas, Appellees, THE BOARD OF EDUCATION OF THE CITY OF SCAMMON of the State of Kansas, Appellant.

Supreme Court of Kansas.

Opinion filed January 28, 1956.


Attorney(s) appearing for the Case

Fayette Rowe and Robert T. Patterson, both of Columbus, argued the cause and were on the briefs for the appellant.

Douglas Hudson, of Fort Scott, argued the cause, and Howard Hudson and Douglas G. Hudson, both of Fort Scott, were with him on the briefs for the appellee, The Board of Education of the City of Weir.


The opinion of the court was delivered by

PRICE, J.:

This was a mandamus action brought by the state on the relation of the county attorney of Cherokee County against the county clerk, and arose out of a controversy between the boards of education of the cities of Weir and Scammon. Other public officials, in their official capacities, were made parties to the action as it progressed, but the appeal from the judgment ultimately rendered has been taken only...

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