Bock v. Stack

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in mandamus. Plaintiff, and the requisite number of other persons, owners of real property, liable to taxation therefor, petitioned the governing body of the city to grade, pave and otherwise improve four blocks of one of the city streets. The proceeding is to compel the defendants to proceed with the work. Plaintiff relies on thát portion of the statute (R. S. 12-602) which reads as follows:

*534“Whenever a majority of the resident owners of real property liable to taxation for the improvement . . . shall petition…