State ex rel. Elting v. Doerschlag

The opinion of the court was delivered by

O’Connor, J.:

This is a quo warranto action brought in the name of the county attorney to oust and remove from office Walt Doerschlag, Jr., county commissioner of Lane County. Although the petition was framed on four counts of alleged misconduct, this appeal concerns only counts I and II, which involved alleged violations of the cash-basis law (K. S. A. 10-1101 et seq.) and the budget law (K. S. A. 79-2925 et seq.) in the year 1963. The case was tried to the district court without a jury. At the conclusion of plaintiff’s evidence defendant moved for a…