State ex rel. Stroberg v. Drainage District No. 3

The opinion of the court was delivered by

Parker, J.:

This is an original action in the nature of quo warranto brought by the state of Kansas on the relation of the county attorney of Harvey county against the defendant Drainage District for the purpose of testing the legality of its organization and excluding it from the exercise of all corporate rights, powers and privileges.

*226The petition is not long and, since the sufficiency of its allegations is the sole issue presented, will be quoted at length. Omitting certain immaterial allegations, to which reference is made, it reads:

“Comes now Vernon…