Legal Opinion

City of Ottawa v. Barney

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 22 opinions

Error from Franklin District Court. \ Injunction, brought by Barney and eighteen others, as plaintiffs, against The City of Ottawa, and John P. Harris, treasurer of Franklin county, as defendants.

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Error from Franklin District Court. \ Injunction, brought by Barney and eighteen others, as plaintiffs, against The City of Ottawa, and John P. Harris, treasurer of Franklin county, as defendants. The body of the petition filed by said plaintiffs is as follows; “The plaintiffs above named complaining of the defendants herein respectfully show to the court, and allege, that the defendant The City of Ottawa is a municipal corporation created under and by virtue of the law of the state of Kansasj and is a city of the second class, and that the defendant John P. Harris is the treasurer of the…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The city council of Ottawa, a city of the second class, pursuing the proper steps, caused one of its streets to be macadamized, curbed and guttered, and thereafter attempted to collect the cost of such improvement from the property adjacent. Second street, the street improved, runs along the end of certain blocks and parallel with the lots therein, so that only the two end lots in each block touch the street. The city council holding that only the lots which touched and had frontage on the street were chargeable with the cost of the…

2Cases cited3 opinions

  1. Hines v. City of LeavenworthSupreme Court of Kansas · 1865
  2. Missouri River, Fort Scott & Gulf R. R. v. MorrisSupreme Court of Kansas · 1871
  3. Commissioners of Leavenworth Co. v. LangSupreme Court of Kansas · 1871

3Cited by22 opinions

  1. City of Lawrence v. KillamSupreme Court of Kansas · 1873
  2. Bowlus v. City of IolaSupreme Court of Kansas · 1910
  3. Harrison v. People ex rel. BoetterIllinois Supreme Court · 1902
  4. Olsson v. City of TopekaSupreme Court of Kansas · 1889
  5. Stewart v. Board of CommissionersSupreme Court of Kansas · 1891

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