State ex rel. Burnquist v. So-Called Independent Consolidated School District No. 46

Thomas Gallagher, Justice.

Proceedings in quo warranto instituted upon the relation of J. A. A. Burnquist, attorney general, on behalf of the state challenging the validity of the formation of Independent Consolidated School District No. 46, Jackson county.

Respondents, Consolidated School District No. 46, its superintendent, and board members, pray for an abatement of the proceedings on the ground that the decision of the district court of Jackson county, in quo warranto proceedings there, is res judicata as to the issues here presented. For their further defenses, they plead estoppel against…