Dunsworth v. City of Hutchinson

The opinion of the court was delivered by

Mason, J.:

Sarah Dunsworth and Emma Hutton brought this action seeking to enjoin the city commissioners of Hutchinson from proceeding with the paving of a street. They were denied relief, and appeal.

The case involves the interpretation of the statute providing that in cities of the first class having a population of over 25,000 no resolution to pave a street shall be valid without a petition asking such improvement “signed by the resident owners of not less than one-half of the feet fronting or abutting upon such street.” (Gen. Stat. 1915, § 1232.) The…