City of Topeka v. Dwyer

Citations

• 70 Kan. 244
• 78 P. 417
• 1904 Kan. LEXIS 34

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Annexation of Territory. A statute authorizing municipal corporations to enlarge their corporate areas b'y the annexation of territory is, to that extent, one for the organization of such corporations.</p> <p>2. - Completed Proceedings Cannot be Questioned Collaterally. Completed proceedings for the enlargement of the corporate area of a city, authorized by an act of the legislature, are not open to collateral attack in a prosecution for the enforcement of an ordinance of the city within the annexed territory so far as mere defects, informalities and irregularities, questions of good faith and good judgment, the finding of necessary facts, the determination of disputes of fact and like matters are concerned.</p> <p>3. -Nor Can the Constitutionality of the Statute be so Attacked. The constitutionality of a statute for the enlargement of the corporate areas of cities, apparently regular in form and fairly indicative of the legislative will, cannot be attacked collaterally in a prosecution for the enforcement of a city ordinance within . territoiy annexed by virtue of proceedings authorized by such statute.</p>