State ex rel. Frank v. Salome

The opinion of the court was delivered by

Smith, J.:

This is a motion for a writ of mandamus. The action was brought in the name of the state of Kansas on the relation of the county attorney of Sedgwick county. The city commissioners and the city clerk of Wichita were defendants. The state has been represented throughout the litigation by special counsel. Ordinarily an alternative writ is issued as a matter of course since it serves about the same purpose in a mandamus action as a summons in an ordinary action. However, sometime before this motion was filed counsel for defendants had indicated…