State ex rel. Bushey v. Board of County Commissioners

The opinion of the court was delivered by

Wedell, J.:

This is an original proceeding in the nature of quo warranto and is instituted by the state of Kansas on the relation of the county attorney of Allen county. It challenges the power and authority of the board of county commissioners of Allen county and its county clerk to adopt a budget, levy a tax, extend the levy on the tax rolls and to collect a tax pursuant to chapter 318, Session Laws of 1941 (G. S. 1941 Supp. 68-740 to 68-744, inclusive), being an act designed to levy and collect a tax in counties operating under the county unit road…