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STATE, EX REL., v. DOERSCHLAG

No. 44,508

197 Kan. 302 (1966)

416 P.2d 257

STATE OF KANSAS, ex rel. JOHN S. ELTING, County Attorney of Lane County, Kansas, Appellant, v. WALT DOERSCHLAG, JR., Appellee.

Supreme Court of Kansas.

Opinion filed July 14, 1966.

Attorney(s) appearing for the Case

John S. Elting, county attorney, argued the cause, and Robert C. Londerholm, attorney general, and Lorin T. Peters, of Ness City, were with him on the briefs for the appellant.

Harold E. Jones, of Dighton, argued the cause, and A.M. Fleming, Lloyd H. Haag, Dale E. Saffels, and Clifford R. Hope, Jr., all of Garden City, were with him on the brief for the appellee.

The opinion of the court was delivered by

O'CONNOR, J.:

This is a quo warranto action brought in the name of the county attorney to oust and remove from office Walt Doerschlag, Jr., county commissioner of Lane County. Although the petition was framed on four counts of alleged misconduct, this appeal concerns only counts I and II, which involved alleged violations of the cash-basis law (K.S.A. 10-1101 et seq.) and the budget law (K.S.A. 79-2925...

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