Wilson v. City of Topeka

The opinion of the court was delivered by

Thiele, J.:

This was an action to enjoin the city of Topeka from certifying to the county clerk of Shawnee county for collection, a certain assessment made in connection with the curbing, guttering and paving of a street. The city appeals from an adverse judgment.

There is no dispute of fact. From the pleadings and a plat attached to the city’s answer, we glean the following: The city initiated proceedings to pave the six hundred block on Warren avenue. While there are some differences in measurement between the length of lots and lands at the north and…