State ex rel. Boynton v. Conley

The opinion of the court was delivered by

Thiele, J.:

This was an action to determine the validity of an order of the board of county commissioners purporting to create new school districts, and on the original submission of the appeal the judgment of the lower court was affirmed. (See 138 Kan. 818, 28 P. 2d 744.)

A petition for rehearing was allowed, and the cause is now to be disposed of on the resubmission. In the original opinion is a statement of the facts, to which reference is made. Since the first hearing the parties have stipulated that Phillips county never adopted the Barnes law (R.…