State ex rel. Smith v. Board of County Commissioners

The opinion of the court was delivered by

Johnston, C. J.:

The state upon the relation of the attorney-general, Hon. W. A. Smith, brought this action and named the board of county commissioners of Saline county as defendant. The purpose of this action is to obtain a declaratory judgment as to the validity of “An act relating to the construction and improvement of the state highway system by counties and other persons and agencies” (Laws 1929, ch. 229, § 1), about which an actual controversy exists. The statute provides:

“That if any county or other political subdivision of this state desires to…