Kimmerle v. City of Topeka

The opinion of the court was delivered by

Mason, J.:

The city of Topeka appeals from a judgment enjoining it from enforcing an assessment levied to pay for improving a street. The question presented is whether the petition asking for the improvment bore the signatures of enough resident owners to confer jurisdiction upon the commissioners to order it. The statute involved reads:

“No resolution to pave, macadamize, or grade, or repave, remacadamize,'or regrade, any street, lane or alley shall be valid unless a petition asking such improvement has been ordered spread upon the journal, which…