Garden City News v. Hurst

The opinion of the court was delivered by

Hutchison, J.;

The action in which this appeal is taken was under the declaratory-judgment statute, R. S. 60-3127, brought by the publishers of a weekly newspaper against the probate judge for the purpose of having a legal construction placed on R. S. 64-101 and 64-102, as applied to a monthly publication meeting the requirements of the law as a newspaper in which legal publications can be made. The trial court held that it was a proper action under the declaratory-judgment act, but that a periodical published monthly was not a legal newspaper as…