City of Topeka v. Ritchie

*399The opinion of the court was delivered by

Dawson, J.:

This appeal covers another chapter of some ten years’ litigation about certain public improvements constructed in the city of Topeka in 1905 and 1906. Earlier and related chapters are recorded in our own reports, and in those of the federal court: Ritchie v. City of Topeka, 91 Kan. 615, 138 Pac. 618; City of Topeka v. Ritchie, 102 Kan. 384, 170 Pac. 1003; and City of Topeka v. Federal Union Surety Co., 213 Fed. 958.

These earlier chapters tell of defective construction, of official delinquency, swindled taxpayers, attempts to recoup the city…