Babb v. City of Wichita

The opinion of the court was delivered by

Wertz, J.:

This is an appeal from an order of the district court vacating a judgment and granting a new trial in an action brought to enjoin the assessment of certain property for a portion of the costs of paving a street in the city of Wichita. For the sake of clarity, appellee Virginia Babb will be referred to as plaintiff and the appellants, City of Wichita, the Board of City Commissioners consisting of W. C. Salome, L. A. Donnell, Earl K. Duke, F. Russell Jump and Floyd D. Amsden, and C. C. Ellis, City Clerk, as defendants.

The facts insofar as they…