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SMITH v. CITY OF EMPORIA

No. 37,791

168 Kan. 187 (1949)

211 P.2d 101

WILLIAM RALPH SMITH, Appellant, v. THE CITY OF EMPORIA, ROY KRAMM, C.J. NEILL, and CHESTER MORRIS, Commissioners, and FRED NEVINS, City Clerk, and WALTER JOHNSON, City Manager, Appellees.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

Everett E. Steerman and Elvin D. Perkins, both of Emporia, argued the cause, and were on the briefs for the appellant.

James W. Putman, of Emporia, argued the cause, and Richard Mankin, of Emporia, was with him on the briefs for the appellees.

The 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...

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