State Ex Rel. Hawks v. City of Topeka

The opinion of the court was delivered by

Thiele, J.:

This is an original action in quo warranto commenced on October 8, 1953, in which the state challenges the validity of an ordinance of the city of Topeka annexing certain territory and seeks to have the city ousted from exercising illegal power in making, the annexation.

As the matter is submitted to us on a demurrer to the petition, there is no dispute of facts. Before taking up the specific allegations of the petition, we note that exhibits attached to the petitions and plats in the briefs show that prior to the passage of the ordinance…