STATE, EX REL., v. ROBINSON

No. 43,770

193 Kan. 480 (1964)

394 P.2d 48

THE STATE OF KANSAS, ex rel. WILLIAM M. FERGUSON, Attorney General, and ROBERT M. BROWN, County Attorney of Shawnee County, Kansas, Appellant, v. VERNON L. ROBINSON, Sheriff of Shawnee County, Kansas, Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1964.


Attorney(s) appearing for the Case

J. Richard Foth, Assistant Attorney General, of Topeka, argued the cause, and William M. Ferguson, Attorney General, and Robert M. Brown, County Attorney, both of Topeka, were with him on the briefs for the appellant.

Charles Rooney, Sr., of Topeka, argued the cause, and Charles Rooney, Jr., and James R. Ward, both of Topeka, were with him on the brief for the appellee.


The opinion of the court was delivered by

FONTRON, J.:

This action in quo warranto was brought by The State of Kansas to oust the respondent, Vernon L. Robinson, Shawnee County sheriff, from his office. The trial court denied the relief sought in the petition and entered judgment in favor of the sheriff. After the state's motion for a new trial was overruled, this appeal was taken.

It is the state's position, as set forth in its petition, that Sheriff...

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