State ex rel. Hendry v. Board of County Commissioners

Citations

• 107 Kan. 144
• 190 P. 594
• 1920 Kan. LEXIS 32

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Election Called to Disorganize Rural High School — Election Unauthorized. Where the canvassing board declares that an election has resulted in favor of a proposal to establish a rural high school, the correctness of the canvass cannot be challenged by the defendants in an action brought by the state to enjoin an election called to vote upon the question of disorganizing the school.</p> <p>2. Same — State Proper. Party Plaintiff. Injunction may be granted at the suit of the state to restrain public officers from taking steps preparatory to the holding of an election for which the law makes no provision.</p> <p>3. Rural High School — Disorganization—Statute Construed. The provision of the statute that “if any rural high school shall heretofore . have voted to organize,” and certain other conditions exist, an election may be held to vote upon the proposition to disorganize it, does not authorize such an election with respect to any school established after the enactment of the statute.</p>