Will v. City of Herington

The opinion of the court was delivered by

Harman, C.:

In this mandamus proceeding plaintiff sought restoration to public office and damages for discharge from the office. He appeals from summary judgment rendered against him.

The proceeding is a sequel to Will v. City of Herington, 201 Kan. 627, 443 P. 2d 667, involving the same parties, which must be briefly reviewed for proper perspective of the present action.

On October 21, 1966, Marvin Will, appellant herein, filed a petition in the district court of Dickinson county claiming compensation from the city of Herington on the basis he had been…