Wahlgren v. City of Kansas City
Supreme Court of Kansas
Error from Wyandotte District Court. Action brought by Wahlgren, to enjoin the collection of a special assessment levied to pay for the grading of a street. On February 23,1889, the district court denied the plaintiff’s application for a preliminary injunction, and to review this order he brings his petition in error.
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Error from Wyandotte District Court. Action brought by Wahlgren, to enjoin the collection of a special assessment levied to pay for the grading of a street. On February 23,1889, the district court denied the plaintiff’s application for a preliminary injunction, and to review this order he brings his petition in error. The facts are substantially as follows: A majority of the property-owners on Seventh street, between certain streets named, in Kansas City, Kansas, petitioned the city government to grade said street. The petition is as follows: “To the Honorable Mayor and Counailmen of the City…
1Opinion of the Court
Opinion by
Clogston, C.:
The one question to be determined is, is the plaintiff barred by the statute limiting the time in which to bring his action ? The statute under which this bar is claimed is as follows:
“No suit to set aside the special assessments, or to enjoin the making of the same, shall be brought, nor any defense to the validity thereof be allowed, after the expiration of thirty days from the time the amount due on each lot or piece of ground liable for such assessment is ascertained.” (Laws of 1887, oh. 101, §1.)
It is shown that the cost of the improvement was ascertained and…
2Cases cited6 opinions
- Jackson v. LamphireSupreme Court of the United States · 1830
- Price v. HopkinMichigan Supreme Court · 1865
- Plum v. City of Fond du LacWisconsin Supreme Court · 1881
- Wright v. City of Tacoma, Washington Territory1888
- Bullwinkel v. GuttenbergWisconsin Supreme Court · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Rockwell v. City of Junction CitySupreme Court of Kansas · 1914
- Wheeler v. City of MuskogeeSupreme Court of Oklahoma · 1915
- Atchison, Topeka & Santa Fe Railway Co. v. City of ChanuteSupreme Court of Kansas · 1915
- Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901
15 more not listed; retrieve them via the Exa API.