City of Osawatomie v. Slayman

The opinion of the court was delivered by

Robb, J.:

This is a second appeal in the same case. In the first appeal, which was brought by defendants, this court determined the trial court had committed reversible error in refusing defendants’ timely request for a jury trial. (City of Osawatomie v. Slayman, 182 Kan. 770, 774, 323 P. 2d 910.) As a result of the subsequent jury trial, a verdict and judgment were entered for the city and defendants again appeal.

We shall briefly summarize an agreed statement of facts. The petition truly alleged incorporation of the city, and residence and post office…