DePriest v. Camp

Citations

• 101 Kan. 810
• 168 P. 872
• 1917 Kan. LEXIS 201

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Mandamus-—Fruitless Writ Will Not Issue. The settled rule tnat tne writ of mandamus will not issue where it would be fruitless and unavailing, followed.</p> <p>2. Condemnation Proceedings—Widening City Streets—Motives of City Officials. The court can not sit in judgment upon the motives actuating municipal authorities in appropriating private property for public use.</p> <p>3. Same—Widening Public Streets—City Ordinances—Proceedings Regula?\\ Where the mayor and council of a city of the second class have undertaken proceedings to condemn property for the purpose of widening a street, and have passed an ordinance for that purpose which is afterwards repealed and new ordinances to accomplish the same purpose at once enacted to comply with statutory amendments made after the first ordinance was passed, the condemnation proceedings will be regarded for practical purposes as an entirety.</p> <p>4. Same—Title of City Ordinance Sufficient. The title of an ordinance to condemn property for public use considered, and held sufficient.</p>