McGrew v. Stewart
Supreme Court of Kansas
Error from, Wyandotte Eistrict Court. Action by McGrew against Stewart, as county treasurer, to enjoin the collection of an assessment made on plaintiff’s land. January 30, 1890, there was a judgment sustaining the assessment, and plaintiff comes to this court.
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Error from, Wyandotte Eistrict Court. Action by McGrew against Stewart, as county treasurer, to enjoin the collection of an assessment made on plaintiff’s land. January 30, 1890, there was a judgment sustaining the assessment, and plaintiff comes to this court. The opinion states the facts. 1. Under ¶ 558, Gen. Stat. of 1889, no sufficient petition for the construction of said sidewalk was ever presented to the city council, and the defects in the petition proceeded under were jurisdictional and fatal. 2. No estimate of the cost was made under oath by the city engineer and submitted t© the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This action was brought to enjoin the collection of an assessment made upon the plaintiff’s land for the construction of a sidewalk on a street upon which the land •abutted. The plaintiff has been the owner of the land since 1871, and along the south side of the same there has been for at least 20 years a highway. Although it lay close to Kansas City, the land was outside of the city limits until January, 1888, when the limits of the city were extended so as to include the plaintiff’s land. The road, or street, upon which the land adjoined…
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