State ex rel. Dawson v. City of Victoria

The opinion of the court was delivered by

Mason, J.:

The board of county commissioners of Ellis ■county undertook to incorporate a city of the third class by the .name of Victoria, making an order to that effect, under which *640an organization was effected. The state brought an action to have the proceedings set aside on various grounds. The district court held the incorporation to be valid, and the plaintiff appeals.

The order undertaking to create the city is not open to attack for any mere irregularity or mistake of fact. (The State, ex rel., v. Holcomb, 95 Kan. 660, 149 Pac. 684.) This court is…