State Ex Rel. Ralston v. Showalter

The opinion of the court was delivered by

Fatzer, J.:

This was a proceeding in quo warranto commenced by the state of Kansas on the relation of the county attorney of Butler County to oust Worth Showalter from the office of county commissioner under the provisions of G. S. 1949, 60-1609, et seq. A companion case, State, ex rel., v. Blain, 189 Kan. 575, 370 P. 2d 415, is this day decided.

The petition, filed June 10, 1961 — two days before the March 1961 term of the district court expired — alleged that the defendant was the duly elected, qualified and acting commissioner of Butler County and…