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RUNDQUIST v. O'LEARY

No. 41,258

184 Kan. 496 (1959)

337 P.2d 1017

CARL R. RUNDQUIST, Treasurer of Saline County, Kansas, Appellant, v. J.A. O'LEARY, Bank Commissioner of the State of Kansas; and G.W. LINDLEY, Receiver of the Smolan State Bank, Smolan, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed April 11, 1959.

Attorney(s) appearing for the Case

Raymond E. Haggart, of Salina, argued the cause and was on the briefs for the appellant.

Robert B. Berkley, of Salina, and C.V. Beck, of Emporia, argued the cause and were on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal from an order of the trial court sustaining defendants' motion to quash an alternative writ of mandamus previously allowed. The writ required defendants to pay to plaintiff a thirty per cent dividend amounting to $59,174.03 or show cause for not complying.

Plaintiff, as county treasurer, had on deposit to his credit in the Smolan State Bank $197,246.78 of county funds prior to February...

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