OVERHOLT v. CITY OF ELLINWOOD

No. 39,374

176 Kan. 330 (1954)

270 P.2d 213

I.W. OVERHOLT, also known as ISAAC OVERHOLT, and LELA MAE OVERHOLT, husband and wife, Appellants, v. CITY OF ELLINWOOD, JOHN W. MANNING, LeROY ZAHN, REINHARD WEISS, HERMAN REHME, ORVILLE KEELER, WILLIAM S. SOUTHERN, and LYLE RICHARDSON, Appellees and Cross-appellants.

Supreme Court of Kansas.

Opinion filed May 8, 1954.


Attorney(s) appearing for the Case

Orval Fisher, of Wichita, argued the cause, and C.H. Morris, and Robert F. Bailey, both of Wichita, were with him on the briefs for the appellants.

G.I. Robinson, of Ellinwood, argued the cause, and was on the briefs for the appellees and cross-appellants.


The opinion of the court was delivered by

WERTZ, J.:

This appeal and cross-appeal arises from certain orders of the trial court in an action for a temporary and permanent injunction seeking to enjoin the defendants and their successors in office from levying, assessing or certifying certain assessments for curbing, guttering and paving in the city of Ellinwood.

For purposes of clarity, the appellants will...

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