State ex rel. Dawson v. City of Atchison

The opinion of the court was delivered by

Smith, J.:

This action was brought in the name of the state of Kansas, on the relation of the attorney-general, to oust the city of Atchison from exercising certain powers it had assumed to exercise in the passage of ordinance No. 3096. The ordinance purports to annex sixty-five acres of land to the city, which power it is alleged was not authorized by law but was usurped. The relief asked for, as stated by the appellant, is:

“The prayer of said petition was that the said City be required to answer all such matters; that it might be ousted forever from…