Bentley v. Gunn

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs, thirty-seven taxpayers of the city of Great Bend, prosecuted this action against the mayor and commissioners-of that city and the board of county commissioners of Barton county to prevent the “grading, regrading, paving, repaving, curbing and recurbing, guttering and reguttering, macadamizing and remacadamizing, or otherwise improving Main street” in said city. Judgment was rendered in favor of the defendants, and the plaintiffs appeal.

The action was tried on admission made by counsel for the parties hereto without the…