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KENDALL v. ELLIOT

No. 39,596

177 Kan. 630 (1955)

281 P.2d 1088

WILLIAM KENDALL, LESLIE KENDALL, LESTER HARMON, PERCY WENDT, WILLIAM GRANZOW, MIKE SCHUMP, FRANK KENDALL, CECIL WENDT, AMELIA WENDT, and ADOLPH MEYER, Appellees, v. WILFORD ELLIOT, CLARENCE McCREATH and HOWARD SHEPHERD, as the Board of White City Rural High School District No. 8, Morris County, Kansas; C.C. HUNTER, as County Clerk of Morris County, Kansas, and LELAND B. GARNER, as Treasurer of Morris County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed April 9, 1955.

Attorney(s) appearing for the Case

Marlin Brown, of Council Grove, argued the cause, and Constance L. Brown and Don E. Brown, both of Council Grove, were with him on the briefs for the appellants.

Walter E. Hembrow, of Council Grove, argued the cause, and Thomas J. Butler, Jr., of Herington, was with him on the briefs for the appellees.

The opinion of the court was delivered by

PRICE, J.:

This case is an aftermath of school-district annexation proceedings, and is an action by taxpayers to enjoin the levy and collection of alleged illegal and unlawful taxes for school purposes.

Defendants demurred to the amended petition on the ground the court had no jurisdiction of defendants or the subject of the action; that plaintiffs had no legal capacity...

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