Ferguson v. City of Coffeyville

Citations

• 77 Kan. 391
• 94 P. 1010
• 1908 Kan. LEXIS 275

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Municipal Corporations — Special Tax for Paving — Fraud —Injunction. In a suit to enjoin a special assessment for street paving, on the ground that the proceedings of the city council were void under the statute of frauds (Gen. Stat. 1901, §§ 3175, 3176) because a member of the city council was a stockholder in the brick company which furnished material for the paving and another member, of the council accepted employment as a laborer under the contractors, an injunction is properly denied where it appears from the findings of the court that the proceedings of the mayor and council were in all respects regular, that no fraud was shown on the part of any member of the council, and that no member of the council was interested directly or indirectly in the contract for the improvement.</p> <p>2. -Performance of the Work — Acceptance—Conclusiveness. Where the mayor and council have passed upon the question and accepted the work of a street improvement as satisfactory their action is conclusive and binding upon the property owners, in the absence of any showing of fraud in such acceptance.</p>