Legal Opinion

City of Leavenworth v. Mills

Supreme Court of Kansas

Decided July 15, 1870PublishedCited by 24 opinions

Error from Leavenworth District Court. Injunction to restrain the collection of special taxes levied for grading a street. Action commenced July 5, 1869, by Lafayette Mills, H. G-. Fauts, Hugh Ewing, and fourteen other persons, as plaintiffs, against The City of Leavenworth, John Hosick, as city Treasurer of said city, and John Dugan, as defendants.

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Error from Leavenworth District Court. Injunction to restrain the collection of special taxes levied for grading a street. Action commenced July 5, 1869, by Lafayette Mills, H. G-. Fauts, Hugh Ewing, and fourteen other persons, as plaintiffs, against The City of Leavenworth, John Hosick, as city Treasurer of said city, and John Dugan, as defendants. The said plaintiffs are owners in severalty of certain lots adjacent to, and fronting on Cherokee street in the city of Leavenworth. On the 27th of December, 1865, a contract was made by the city with Michael Rogers, to grade Cherokee street from…

1Opinion of the Court

The opinion of the court was delivered by

Yalentine, J.:

That the City of Leavenworth had ample power to grade streets and assess the cost of grading the same to the lots adjacent thereto, and require *295that the contractor should loolc exclusively to such assessment for compensation, will not be denied by the plaintiffs below, nor by Dugan’s administrators. But they contend that there were many irregularities, which released the lots and the lot owners from liability and made the city itself liable for the grading.

These supposed irregularities are as follows: Rogers’ bond was not double the…

2Cases cited6 opinions

  1. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  2. Peterson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1858
  3. McInerny v. ReedSupreme Court of Iowa · 1867
  4. The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
  5. Paine v. SpratleySupreme Court of Kansas · 1870

1 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
  2. German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
  3. Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
  4. City of Atchison v. ByrnesSupreme Court of Kansas · 1879
  5. Fowler v. City of SuperiorWisconsin Supreme Court · 1893

19 more not listed; retrieve them via the Exa API.

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