State v. City of Topeka

The opinion of the court was delivered by

Thiele, J.:

This was an action to enjoin the issuance of bonds by the city of Topeka, and from a ruling sustaining a demurrer to its petition the plaintiff appeals.

*310Omitting formal allegations, the petition alleged that at a special election held November 2,1926, the voters of Topeka authorized and directed the governing body of the city to acquire sites and to construct fire stations and to issue bonds of the city in a sum not exceeding $165,000 to pay therefor, and that it did construct one station costing $92,265.63; that on October 23,1934, the…