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STATE, EX REL., v. CITY OF GALENA

No. 43,969

194 Kan. 679 (1965)

401 P.2d 662

THE STATE OF KANSAS, ex rel. ROBERT C. LONDERHOLM (Substituted for William M. Ferguson), Attorney General, Appellee, v. THE CITY OF GALENA and MILTON MOELLER, JIM MONTE, REX SMITH, STEPHEN LANGFORD, CHARLES COLE, WILBUR J. MOODY, ROBERT SCOTT, ORIN CLIFFORD, CLAIR SHAW, members of the City Council of the City of Galena, and HOMER McAFEE, Mayor of the City of Galena, or their successors, Appellants.

Supreme Court of Kansas.

Opinion filed May 4, 1965.

Attorney(s) appearing for the Case

J. John Marshall, of Pittsburg, argued the cause and was on the brief for the appellants.

John W. Cooper and Paul Armstrong, special assistant attorneys general, argued the cause, and Robert C. Londerholm, attorney general, and J. Richard Foth, assistant attorney general, were with them on the brief for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This is an appeal by the defendant city of Galena from the trial court's order granting a peremptory writ of mandamus against it and overruling its motion for new trial.

Defendant's complaints of error are that the trial court erred (1) in overruling its motion to quash plaintiff's motion for writ of mandamus (2) in granting the peremptory writ of mandamus and (3) in overruling its motion for new...

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