Buckwalter v. Henrion

Citations

• 111 Kan. 781
• 208 P. 645
• 1922 Kan. LEXIS 347

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Appeal — Defective Abstract of Record — ■Motion to Dismiss Appeal. The want of a transcript of the evidence and a consequent defective abstract, and the want of an abstract of the pleadings, do not necessarily require the dismissal of an appeal; such defects merely restrict the scope of the appellate review.</p> <p>2. Same — Absence of Transcript — Presumptions as to Findings of Court. Where there is no transcript and the accuracy of appellants’ statement of the evidence is disputed by the appellees, the supreme court must assume that the trial court’s findings of fact are correct and that they were supported by the evidence.</p> <p>3. Street Improvements — Publication of Ordinances and Resolutions. Under the trial court’s findings of fact, the ordinances and resolutions relating to the special improvements in controversy were lawfully published.</p> <p>4. Same — Charge of Fraud — Findings. All controversy concerning alleged fraud of city officials and private contractors is terminated when the trial court finds that there was no fraud, and when the evidence to support such allegations of fraud is not submitted for appellate review.</p> <p>5. Same — Findings of Trial Court. When the evidence has not been preserved, an assignment of error based upon the trial court’s refusal to make requested findings of fact cannot be reviewed.</p> <p>6. Same — Incidental Expenses. A reasonable sum to cover items of incidental expenses necessarily incurred in constructing special improvements may lawfully be included in the cost thereof — following Bailey v. City of Wichita, 108 Kan. 282, 284, 194 Pac. 928.</p> <p>7. Same — Apportionment of Costs Assessed Against Abutting Property Owners. Where the cost of special improvements on city streets is fairly apportioned and fairly assessed against the abutting properties benefited thereby, in compliance with a statute fairly designed to render approximate justice to the property owners concerned, there