City of Abilene v. Lambing

Citations

• 78 Kan. 484
• 96 P. 838
• 1908 Kan. LEXIS 89

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Municipal Corporations —■ Contract for Improvements — Estimate by De Facto Engineer — Injunction. Engineers chosen and employed by the mayor and council of -a city of the second class to make plans, specifications and estimates for a sewerage system for the city, and to supervise the construction of sewers, made an estimate in pursuance of section 1009 of the General Statutes of 1901, under which a contract was let and a sewer constructed. Owners of lots subject to assessment to pay for the sewer sought to enjoin the'work and the assessment on the grounds that the engineers were non-residents and ineligible to be city engineers, that they had not been appointed and qualified as such, and that the estimate and contract were therefore invalid. Held, that, as the engineers were chosen by the officer having authority to appoint a city ■engineer, at a time when no one else was in possession of the' ■office of city engineer, and as they acted in behalf of the city in respect to the improvement and had been so recognized by the city authorities and others, and as they faithfully performed their duties, there was a substantial compliance with the requirement of the statute as to an estimate, and plaintiffs were not entitled to maintain injunction upon the grounds assigned.</p>