STATE, EX REL., v. KERNS

No. 46,795

210 Kan. 579 (1972)

502 P.2d 639

STATE OF KANSAS, ex rel. PAUL L. AYLWARD, Special County Attorney for Edwards County, Kansas, Appellant, v. HARRY KERNS, JACK H. MILLER, HUBERT FATZER, County Commissioners of Edwards County, Kansas, and MAE TAYLOR, County Clerk of Edwards County, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed November 4, 1972.


Attorney(s) appearing for the Case

Paul L. Aylward, of Ellsworth, was on the brief for the appellant.

R.R. Mitchell, of Dodge City, argued the cause, and A.L. Moffat, of Kinsley, was with him on the brief for the appellee.


The opinion of the court was delivered by

SCHROEDER, J.:

This is an appeal from the denial of a petition requesting a writ of mandamus and a declaratory judgment. The appellant requested the Edwards County district court to declare a hospital bond election to be a valid election, and requested that a writ of mandamus issue to the county commissioners of Edwards County directing them to issue and sell the general obligation bonds as authorized by a special...

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