Arment v. City of Dodge City

The opinion of the court was delivered by

West, J.:

The plaintiff sued the city and its commissioners to enjoin the paving of a certain street. The defendants in response to a notice appeared by counsel and successfully resisted the granting of a temporary injunction. No summons was issued. It was averred, among other things, that the defendants had entered into a contract for the paving and had appointed appraisers who were appraising all the lands in the paving district instead of the abutting property which alone would be liable; that the resolution declaring the necessity of the work had…