Smith v. Fuest

The opinion of the court was delivered by

Hopkins, J.:

The action was one against the mayor and council of the city of Liberal to enjoin the issuance of bonds, the proceeds of which were to be used to build a swimming pool in a city park. A demurrer to plaintiffs’ petition was sustained, and they appeal.

Plaintiffs alleged substantially that they were resident citizens and taxpayers of the city; that the city is of the second class; that the defendants were respectively mayor and councilmen and members of the park board; that a petition containing the signatures of *342more than two-thirds of the…