Hibbard v. Barker

The opinion of the court was delivered by

West, J.:

The appellants sought to enjoin the mayor and council of Cherryvale, Kan., a city of the second class, from issuing bonds for an extension of its waterworks system. A restraining order was granted, and upon the hearing this was vacated and a temporary injunction refused. The principal contention is that in attempting to go more than five miles from the limits to procure a water supply the city was acting beyond its power. It is insisted that the five-mile limit fixed by the legislature in 1872 still controls.

An examination of the legislation…