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WILSON v. CITY OF TOPEKA

No. 37,662

168 Kan. 236 (1949)

212 P.2d 218

E.F. WILSON, Appellee, v. CITY OF TOPEKA, KANSAS; F.J. WARREN, as Mayor; LLOYD B. SMITH, C. MADISON WILLIAMS, HARRY SNYDER and J. GLENN DAVIS, as Commissioners; and EDWIN R. JONES, as City Clerk of the City of Topeka, Shawnee County, Kansas, Appellants.

Supreme Court of Kansas.

Opinion filed December 10, 1949.

Attorney(s) appearing for the Case

Frank P. Eresch, city attorney, and Peter F. Caldwell, assistant city attorney, were on the briefs for the appellants.

Edward Rooney, Jacob A. Dickinson and David Prager, all of Topeka, were on the briefs for the appellee.

The opinion of the court was delivered by

THIELE, J.:

This was an action to enjoin the city of Topeka from certifying to the county clerk of Shawnee county for collection, a certain assessment made in connection with the curbing, guttering and paving of a street. The city appeals from an adverse judgment.

There is no dispute of fact. From the pleadings and a plat attached to the city's answer, we glean the following: The city initiated proceedings...

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