State Ex Rel. Johnson v. Schmidt

The opinion of the court was delivered by

Hall, J.:

This is an appeal from an order sustaining a demurrer to a petition for a Writ of Quo Warranto.

This action was instituted by the state of Kansas on the relation of Charles D. Johnson, County Attorney of McPherson County, Kansas, against the defendants, officers and members of newly organized Rural High School District No. 6 in McPherson County, to declare void the proceedings to organize the district, to declare the district nonexistent, and to oust the defendants.

The defendants filed motions to strike and to make more definite and certain, a…