Gardner v. Board of Commissioners

The opinion of the court was delivered by

Mason, J.:

The owners of a number of city lots in Leavenworth united in an action to enjoin the collection of special assessments levied to cover the cost of a lateral or tributary sewer. A demurrer to their evidence was sustained, and they appeal. ,

One of the appellants owns lot 12, lying in the southwest corner of block 3 in Rees, Doniphan & Thornton’s addition. The others own various lots in block 19 of Day’s addition, which lies just north of the block first described. The two blocks comprise- a sewerage subdistrict. The main sewer, which was paid…