State v. Miley

*322The opinion of the court was delivered by

Marshall, J.:

The plaintiff seeks to enjoin Jess W. Miley from hearing an appeal concerning the organization of a proposed rural high-school district and to enjoin all the other defendants from in any manner participating in the further organization or attempt to organize the rural high-school district. A demurrer of all the defendants except Jess W. Miley and the county commissioners of Woodson county was sustained on the ground that the action was prematurely brought. The plaintiff appeals.

The petition alleges—

“That on or about the first day of…