Legal Opinion

Challiss v. Parker

Supreme Court of Kansas

Decided January 15, 1873PublishedCited by 11 opinions

Error from Atchison District Court. Injunction, brought to restrain Parker, as county treasurer from selling certain lots in the city of Atchison for delinquent city assessments.

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Error from Atchison District Court. Injunction, brought to restrain Parker, as county treasurer from selling certain lots in the city of Atchison for delinquent city assessments. The petition alleged that Challisswas the owner of seven lots in block 18, Challiss’ Addition,, lying on the north side of Santa Ee street, in the city of Atchison, between Eighth and Ninth streets; that each of said lots was 43 feet wide, each was of the value of $100,. “and that said Santa Fe street opposite said lots is now and ever has been uneven and rough, and has never been graded or opened to public use, and…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

There are but two questions in this case. The plaintiff is the owner of certain lots on Santa Pe street in the city of Atchison. The authorities after proper proceedings let a contract to sidewalk that street. The sidewalk was built. The assessments therefor upon plaintiff's lots were not paid, and the authorities proceeded to sell. To restrain such sale this action was brought. And first, the plaintiff insists that the supposed sidewalk is no sidewalk, but a bridge. The proposals were for a sidewalk; the contract was for a sidewalk; the…

2Cases cited3 opinions

  1. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  2. Atchison & Nebraska Railroad v. GarsideSupreme Court of Kansas · 1873
  3. Parker v. ChallissSupreme Court of Kansas · 1872

3Cited by11 opinions

  1. Town of Argos v. HarleyIndiana Court of Appeals · 1943
  2. Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
  3. Davies v. City of LawrenceSupreme Court of Kansas · 1976
  4. City of Atchison v. JansenSupreme Court of Arkansas · 1879
  5. City of Shreveport v. SelberLouisiana Court of Appeal · 1945

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