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RILEY v. HOGUE

No. 42,361

188 Kan. 774 (1961)

365 P.2d 1097

ELTA J. RILEY, Appellee, v. ROSS D. HOGUE, ELDEN L. BEEBE and JOSEPH G. TRINDLE, a partnership, d/b/a HOGUE, BEEBE & TRINDLE, C.P.A., Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1961.

Attorney(s) appearing for the Case

Byron G. Larson, of Dodge City, argued the cause, and James A. Williams, of Dodge City, was with him on the brief for the appellants.

Geo. R. Gould, of Dodge City, argued the cause, and George Gould, Jr., of Dodge City, was with him on the brief for the appellee.

William M. Ferguson, Attorney General, and Robert E. Hoffman, Assistant Attorney General, filed a brief amici curiae, in which Z. Arthur Nevins, County Attorney of Ford County, joined.

C.L. Hoover and Robert A. Schermerhorn, both of Junction City, filed a brief amici curiae.

The opinion of the court was delivered by

PRICE, J.:

Were we to accept this case on its merits, the question presented would be whether a clerk of a district court is entitled to retain personally fees collected in naturalization and passport proceedings.

The action was brought for a declaratory judgment pursuant to the provisions of G.S. 1949, 60-3127, et seq. Highly summarized, the pleadings disclose the following:

The plaintiff is...

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