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SHAW v. BAKER

No. 40,110

179 Kan. 729 (1956)

298 P.2d 250

JIM SHAW, Plaintiff-Appellee, v. RALPH BAKER, Defendant-Appellant.

Supreme Court of Kansas.

Opinion filed June 9, 1956.

Attorney(s) appearing for the Case

Oscar M. Yount, of Galena, argued the cause and Fayette Rowe, of Columbus, was with him on the briefs for the appellant.

Jules V. Doty, of Columbus, argued the cause and Joe L. Henbest, of Columbus, was with him on the briefs for the appellee.

The opinion of the court was delivered by

SMITH, C.J.:

This was an action in mandamus to compel defendant, the mayor of Galena, to sign the salary warrant of the city attorney. The trial court issued a peremptory writ. The defendant has appealed.

The action grows out of a dispute between the mayor of Galena and some members of the council.

The motion for a writ stated that plaintiff was the qualified and acting city attorney of Galena; that...

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