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PERKINS v. LENORA RURAL HIGH SCHOOL

No. 38,491

171 Kan. 727 (1951)

237 P.2d 228

TOM PERKINS, LEO WOLF, CHESTER JOHNSON, JOSEPHINE JOHNSON, GARELD KLINE, OPAL KLINE, KANIE TURNER, HAROLD L. JOHNSON, CHESTER WOODSIDE, LOIS WOODSIDE, DARLENE NELSON, DELANE OLSON, CHRIS NELSON, FLORENCE WRIGHT, CORRINE BEST, RILEY BEST, BELLE OLSON, P.S. WRIGHT, JAMES PERKINS, DARRYL PERKINS, MAUD PERKINS, VEVA M. QUINT, County Superintendent of Graham County, Kansas, Appellees, v. LENORA RURAL HIGH SCHOOL JOINT DISTRICT No. 1, Norton and Graham Counties, Kansas, C.H. BILLS, Director, MARVIN JAMISON, Clerk and FRED DIETERICH, Treasurer, IRIS R. OLSON, County Superintendent of Norton County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed November 10, 1951.

Attorney(s) appearing for the Case

E.H. Hatcher, of Topeka, argued the cause, and J.C. Tillotson, of Norton, and Harold E. Jones, of Topeka, were with him on the briefs for the appellants.

Marion W. Chipman, of Hill City, argued the cause, and W.H. Clark and Kenneth Clark, of Hoxie, and Jerry E. Driscoll, of Russell, were with him on the briefs for the appellees.

The opinion of the court was delivered by

WERTZ, J.:

This was an action instituted under the declaratory judgment statute to obtain a judicial interpretation of ch. 375, L. 1949 (G.S. 1949, 72-3514) and to determine whether proper procedure was followed by defendants in attaching territory in Graham County to Lenora Rural High School Joint District No. 1. Judgment was rendered in favor of plaintiffs and defendants appeal.

Plaintiffs, excepting Veva...

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