State ex rel. Young v. Anderson

Citations

• 113 Kan. 441
• 215 P. 453
• 1923 Kan. LEXIS 124

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — Rural High-school District — Misdescription of Boundary Monuments — Repugnant Calls. The rule that in the description of a boundary monuments prevail over courses and distances will not be followed where it would result in destroying the continuity of a line which can be preserved by rejecting an obviously erroneous call. The words italicized in the following excerpt from the description of the boundary of a proposed rural high-school district may be ignored when the result will be a connected line: “thence [from the northwest comer of section 24] due north one mile to the northeast quarter of sec. 14, thence due west one mile to the northwest corner of sec. 14.”</p> <p>2. Same — Organization of Rural High-school District — Petition for Calling an Election — Immaterial Irregularities. Under the statute providing that a petition for the calling of an election to vote on a proposal to organize a rural high-school district shall recite that the boundaries have been approved by the county superintendent and commissioners, the omission of such recital and the fact that the boundaries were not approved by such officers until after the petition was signed (but were so approved before it was acted upon) are mere irregularities, insufficient to require a court to set aside the attempted organization of the district in an action brought in the name of the state.</p>