State Ex Rel. Londerholm v. Hayden

The opinion of the court was delivered by

Hatcher, C.:

This is an original proceeding in mandamus brought on the relation of the Attorney General for the purpose of compelling the commissioners of Rawlins County, Kansas to pay the tuition provided by K. S. A. 1965 Supp., 72-6916 (b) for students of Rawlins County attending the Colby Community Junior College.

The petition alleges the existence of a statutory duty on the part of the defendants to allow and pay the claim for “out-district tuition.” The answer admits the existence of such statutory duty but contends that the statute imposing the…