Chicago Lumber & Coal Co. v. Sugar Loaf Township

Citations

• 64 Kan. 163
• 67 P. 630
• 1902 Kan. LEXIS 182

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Ultra Vires — Municipal Corporations — Manner and Time of Exercise of Power. An act by the officers or agents of a municipal corporation, such as is a township in this state, which is in excess of the express or implied powers of such corporation, is absolutely void, and imposes no obligation upon it; but an act which in itself is well within such powers is binding upon it, if executed, where the only objection thereto is that it was not performed in the manner or at the time designated in the statute.</p> <p>2. -Highway Commissioners — Construction of Hoads — Liability. It is made the duty of the board of commissioners of highways of any township in this state to construct permanent roads in their townships “whenever available means at their disposal will permit.” This does not constitute a limitation upon their general power to build bridges, nor render their acts in building a needed bridge, when the available means at their disposal are not sufficient to pay for the same, ultra vires, so as to prevent one who has furnished material therefor from recovering the price thereof from such township.</p> <p>(Overruling Walnut Twp. v. Heth, 9 Kan. App. 498, 59 Pac. 289).</p>