Depew v. Wichita Retail Credit Ass'n

I. cannot agree with the opinion of the majority. It is well settled in this state that the proper party to institute an action of this kind is the state on the relation of the county attorney or the attorney-general. (See Bobbitt v. State Highway Comm., 138 Kan. 487, 26 P. 2d 1115, and cases cited.)

This action was not brought under the theory spoken of in the specially concurring opinion. It was clearly brought by the plaintiffs to obtain relief from a situation that was proving costly to them in their practice. The allegations of the petition show that.

The argument that some procedure like…