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STATE, EX REL., v. BOARD OF COUNTY COMMISSIONERS

No. 42,498

188 Kan. 318 (1961)

362 P.2d 81

THE STATE OF KANSAS, ex rel. KEATON G. DUCKWORTH, County Attorney of Morton County, Kansas, Plaintiff, v. THE BOARD OF COUNTY COMMISSIONERS OF MORTON COUNTY, KANSAS; Ivan Mills, Chairman; Roscoe Thompson, Commissioner; Jess Davison, Commissioner; and Lyndell Vail, County Clerk, Defendants.

Supreme Court of Kansas.

Opinion filed May 24, 1961.

Attorney(s) appearing for the Case

Keaton G. Duckworth, county attorney, argued the cause, and Shelley Graybill and Edgar W. White, both of Elkhart, and William A. Smith, of Topeka, were with him on the briefs for the plaintiff.

Charles Vance, of Liberal, argued the cause, and H. Hobble, Jr., Chester A. Nordling, and Gene H. Sharp, all of Liberal, were with him on the briefs for the defendants.

The opinion of the court was delivered by

ROBB, J.:

This is an original proceeding in mandamus to compel the board of county commissioners of Morton county to proclaim Elkhart to be the county seat pursuant to an election held on January 24, 1961.

Since there is no dispute in regard to the holding of the election, the issuance of the alternative writ by this court, or the defendants' return in response thereto, we shall refer only to such parts thereof...

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