State ex rel. Smith v. Darnall

The decision of the court was announced by

Burch, J.:

The action is one of quo warranto, commenced by the state on the relation of the attorney-general, to oust defendant, C. D. Darnall, from the office of commissioner of waterworks and street lighting of the city of Kansas City, Kan.

After the pleadings had been settled, the court appointed Hon. Thomas C. Wilson, of Wichita, a commissioner to take the evidence and report to the court findings of fact and conclusions of law covering the issues in the case. The seventh, eighth and ninth findings of fact and the conclusion of law reported by the…