City of Emporia v. Norton
Supreme Court of Kansas
Error from Chase District Court. This action was first commenced in Lyon district court in October 1871, 'by Norton, and twelve others, as plaintiffs, against the county clerk and county treasurer of Lyon county, to restrain the collection of assessments levied to pay contractors for macadamizing, curbing and guttering Commercial street in the city of Emporia. The City of Emporia was not then a party.
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Error from Chase District Court. This action was first commenced in Lyon district court in October 1871, 'by Norton, and twelve others, as plaintiffs, against the county clerk and county treasurer of Lyon county, to restrain the collection of assessments levied to pay contractors for macadamizing, curbing and guttering Commercial street in the city of Emporia. The City of Emporia was not then a party. In'April 1872, judgment was rendered for plaintiffs below, and injunction made perpetual. The case was brought here on error at July Term 1872, and reversed. (10 Kas., 491.) In the meantime the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In May and J une, 1871, the city of Emporia entered into two contracts, one for the curbing and guttering and the other for the macadamizing of Commercial street. The work was done under these contracts, was well and cheaply done, was accepted by the city, and was a valuable and lasting improvement. No estimate of the cost of the work was ever made by the city engineer, or submitted to the city council. In July, 1871, the city attempted to provide for the payment of this work by special assessment on the adjoining lots. At the time of these…
2Cases cited12 opinions
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Mills v. CharletonWisconsin Supreme Court · 1872
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
- Hines v. City of LeavenworthSupreme Court of Kansas · 1865
- Thomas v. LelandNew York Supreme Court · 1840
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3Cited by14 opinions
- State ex rel. Miller v. Common School District No. 87Supreme Court of Kansas · 1947
- Duniway v. PortlandOregon Supreme Court · 1905
- Brown v. SllvertonOregon Supreme Court · 1920
- Kaw Valley Drainage District v. ZimmerSupreme Court of Kansas · 1935
- Thomas v. PortlandOregon Supreme Court · 1901
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