Smith v. City of Emporia

*188The opinion of the court was delivered by

Parker, J.:

This is an injunction action in which a private individual seeks to question the validity of the annexation by ordinance of certain property to the City of Emporia, Kansas. The appeal is from a decree sustaining the defendant city’s motion for judgment on the pleadings and taxing the costs of the proceeding against the plaintiff.

To clarify uncontroverted factual matters essential to a decision of the appellate issue involved it should first be stated (1) that on the 18th day of January, 1949, the governing body of the City of Emporia…