Tyler v. Common School District No. 76

The opinion of the court was delivered by

Smith, C. J.:

This was an action by taxpayers to enjoin a district school board from issuing bonds, brought pursuant to the provisions of G. S. 1949, 60-1121. The trial court sustained defendants’ demurrer to the petition on the ground it did not state facts sufficient to constitute a cause of action. We reversed and held it did state a good cause of action. (See Tyler v. Common School District No. 76, 177 Kan. 387, 279 P. 2d 302.)

When the cause was returned to the trial court plaintiffs filed an amended motion for leave to file an amended and…