Pollock v. City of Kansas City

The opinion of the court was delivered by

West, J.:

The voluminous record in this case presents one question: Were the demurrers to the amended petition rightfully overruled? The suit was brought by a taxpayer of Kansas City, Kan., to enjoin the city from entering into a contract for the paving of certain streets, who amended his petition so as to *206cover the pavement on one street only. The controlling questions involved in the ruling are, whether the plaintiff can maintain the suit under section 265 of the code, and if so, whether the proviso of section 1009 of the General Statutes of 1909,…