WATTERS v. JOINT RURAL HIGH SCHOOL DISTRICT NO. 5

No. 42,598

191 Kan. 2 (1963)

378 P.2d 1021

C.H. WATTERS, et al., Appellants, v. THE JOINT RURAL HIGH SCHOOL DISTRICT No. 5, SALINE & ELLSWORTH COUNTIES, KANSAS, A Body Corporate & Politic, THE STOCKYARDS NATIONAL BANK OF WICHITA, a Banking Corporation, GEORGE TEWKSBERRY, and FRANK BUSBOOM and JOE R. RAUH, Doing Business as BUSBOOM AND RAUH, Appellees.

Supreme Court of Kansas.

Opinion filed March 2, 1963.


Attorney(s) appearing for the Case

F.C. Norton and J.E. Norton, both of Salina, argued the cause, R.E. Blackwell, of Salina, was with them on the brief for the appellants.

Rudolph Barta, of Salina, argued and cause, and Ronald Barta, of Salina, was with him on the brief for the appellees, The Joint Rural High School District and George Tewksberry.

William P. Timmerman, of Wichita, argued the cause and was on the brief for the appellee, The Stockyards National Bank of Wichita.

Howard G. Engleman, of Salina, argued the cause, and E.S. Hampton, H.H. Dunham, Jr., John Q. Royce, C. Stanley Nelson, Jack N. Stewart and Tom W. Hampton, all of Salina, were with him on the brief for the appellee, Frank Busboom and Joe H. Rauh, d/b/a Busboom and Rauh.


The opinion of the court was delivered by

PRICE, J.:

This was an action by electors of a joint rural high-school district to declare a school-bond election void and to permanently enjoin certain of the defendants from issuing bonds, and for other relief.

Plaintiffs have appealed from an order sustaining separate demurrers to their second amended petition.

The background of the matter is this:

On June 15, 1960, an application was made...

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