City of Emporia v. Norton
Supreme Court of Kansas
Motion for Rehearing. The action of Norton .and others was for an injunction against the treasurer of Lyon county, the Oity of Emporia, and others, to restrain the collection of certain “ assessments ” levied by the city of Emporia in 1871 on the lots of the plaintiffs to pay contractors for macadamizing, curbing and guttering Commercial street in said city. The case was in this court first at the July Term 1872, and is reported in 10 Kas., 491, as Qilmore v. Norton.
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Motion for Rehearing. The action of Norton .and others was for an injunction against the treasurer of Lyon county, the Oity of Emporia, and others, to restrain the collection of certain “ assessments ” levied by the city of Emporia in 1871 on the lots of the plaintiffs to pay contractors for macadamizing, curbing and guttering Commercial street in said city. The case was in this court first at the July Term 1872, and is reported in 10 Kas., 491, as Qilmore v. Norton. It came here again, and is reported in 13 Kas., 569, as Oity of Emporia v. Norton. In each instance the district court had…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
A motion for a rehearing in this case has been made, and an extended written argument filed in support thereof. The point made is this: The court in the prior opinion rested the decision upon the curative effect of the 41st section of ch. 100 of- the laws of 1872. The work, payment for which the city was seeking to collect, was done in 1871. This curative section was enacted subsequently, in 1872, and we held it valid, and applicable to the proceedings in question. Now counsel contends that this 41st section is substantially the same as the…
2Cited by27 opinions
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- Pinkston v. Rice Motor Co.Supreme Court of Kansas · 1956
- State ex rel. Coleman v. KellySupreme Court of Kansas · 1905
- State Ex Rel. Jordan v. City of Overland ParkSupreme Court of Kansas · 1974
- Curless v. Board of County CommissionersSupreme Court of Kansas · 1966
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