Hartzler v. City of Goodland

Citations

• 97 Kan. 129
• 154 P. 265
• 1916 Kan. LEXIS 242

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Issuing City Bonds — Injunction—Parties Plaintiff. A private citizen whose burdens as a taxpayer will be affected by a proposed bond issue is authorized to maintain a suit to enjoin such issue as illegal under- section 265 of the civil code.</p> <p>2. Same — Petition Not Demurrable. A petition which prays for a permanent injunction is not demurrable merely because it is unverified or insufficiently verified.</p> <p>3. Injunction — Petition Asking Permanent Injunction — Verification. ' Where no restraining order or temporary injunction is sought, a petition praying for a permanent injunction to prevent an illegal bond •issue may state a cause of action although it is unverified.</p> <p>4. City Bonds — Vacancy in City Council — Issue Legal. A proposed issue of bonds to enlarge, repair and improve the waterworks of a city will not be enjoined on the sole ground that a vacancy existed in the city council at the time the bond issue was determined and authorized.</p> <p>5. Same — Publication Notice — “Three Consecutive Weeks” — Statute Complied With. The notice “for . . . three consecutive weeks” required by section 4 of chapter 124 of the Laws of 1913 and which must precede the enactment of a bond ordinance is satisfied by one publication in each of three separate and consecutive weeks, following Pierce v. Butters, 21 Kan. 124, 128, and Tidd v. Grimes, 66 Kan. 401, 71 Pac. 844.</p> <p>6. Same — Constitutional Law. Objections to the constitutionality of chapter 124 of the Laws of 1913 considered and overruled.</p>