Dunn v. Board of County Commissioners

The opinion of the court was delivered by

Hoch, J.:

This was an action to enjoin the removal of the county seat of Morton county from Richfield to Elkhart. The action was brought by three plaintiffs “on their own behalf as citizens, electors and taxpayers of Morton county, Kansas, and on behalf of the other members of such class,” the defendants named being the board of county commissioners and five other county officers. The plaintiffs prevailed and the defendants appeal. By demurrers to the petition and to the plaintiffs’ evidence, and by motion for a new trial, all overruled, the issues here…