School District No. 116 v. Wolf

Citations

• 78 Kan. 805
• 98 P. 237
• 1908 Kan. LEXIS 148

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. School Districts — Change of Boundaries- — Verbal Request— Proceedings Irregular but Not Void. Although the statute contemplates the filing of a petition with a county superintendent for the change of boundaries of a school district as a basis for the issuance by him of a notice setting a time for a hearing upon the requested change, yet where a verbal request is made for the change, proper notice is given, the interested parties appear, the order is made, and an appeal is taken to the board of county commissioners, and the order is affirmed, the proceeding is only irregular and not void.</p> <p>2. - Collateral Attack on Order Changing Boundaries. Such an order, so made and affirmed, is final, and is not subject to collateral attack in a suit for an injunction.</p> <p>3. - Vacation of Offices. Upon the detachment of the territory within which a school-district officer resides from the school district of which he is an officer, his office immediately becomes vacant ipso facto, and may be filled by appointment.</p> <p>4. - Office and Officers — Ouster. A proceeding in quo warranto and not a suit for an injunction is the proper remedy for an illegal holding of a public office.</p>