Buckwalter v. Henrion

The opinion of the court was delivered by

Dawson, J.:

These were taxpayers’ suits to enjoin the officers of the city of Wichita from making assessments on plaintiffs’ properties to pay for special improvements.

The defendants move to dismiss because the abstracts are defective. They do not contain the pleadings nor any abridgment of the pleadings. No transcript of the evidence was provided, and the evidence set out is merely statements from the memory of counsel who participated in the trial; and the accuracy of these statements is challenged.

However, the want of a transcript and consequent want…