City of Kansas City v. Schwartzberg

Plaintiffs sued the city- to enjoin the passage of an ordinance relevying an assessment for special improvements in paving a street, and to enjoin any further proceedings by the city, on the ground that in a prior suit between the same parties they had obtained a judgment fprever enjoining the city from making an assessment on the property of plaintiffs to pay for the particular improvement. The ordinance in question was passed under the authority of section 129 of chapter 122 of the Laws of 1903. The case is controlled by the principle declared in Kansas City v. Silver, 74 Kan. 851, 85 Pac.…