Mount Hope Cemetery Co. v. City of Topeka

The opinion of the court was delivered by

Robb, J.:

This consolidated case consists of two separate and distinct appeals in an injunction proceeding involving the same parties but different questions. The first was brought by the cemetery and the second by the city.

The cemetery appeal is from the order of the trial court holding the property of the cemetery lying north of Seventeenth Street in the city of Topeka was subject to a levy of special assessments to pay for the paving of Seventeenth Street, from the trial court’s order overruling the cemetery’s motion for new trial, and from all…