Eskridge v. City of Emporia

Citations

• 63 Kan. 368
• 65 P. 694
• 1901 Kan. LEXIS 153

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities and City Okbtcers — Extension of Corporate Boundaries. Section 1, chapter 69, Laws of 1886 (Gen. Stat. 1901, § 1052), which provides that a city desiring to extend its corporate limits may make its application by petition to the district judge, asking such judge to hear the evidence and make a finding as to the advisability of taking into the city- certain territory therein described, has been held by this court not to be an attempt to impose legislative power upon the judicial department of the state government, and is not for such reason unconstitutional and void. (Callen v. Junction City, 43 Kan. 627, 23 Pac. 652, 7 L. R. A. 736; City of Emporia v. Randolph, 56 Kan. 117, 42 Pac. 376.)</p> <p>2. -Reduction of BTomestead. In an action to enjoin a city of the second class from extending its corporate limits over a rural homestead of more than one acre of land, the question whether the incorporating of such homestead in the city will reduce such homestead to one acre cannot be litigated.</p>