Hoffmeyer v. Reed

Citations

• 88 Kan. 363
• 128 P. 383
• 1912 Kan. LEXIS 68

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction—Sewer Tax—Assessment—City Ordinance. The amount due on each lot or piece of ground liable for an assessment under section 1 of chapter 124 of the Laws of 1911 is ascertained when the ordinance levying the assessment is published.</p> <p>2. City Ordinance—When Publication is Complete. Such ordinance was duly printed in a newspaper printed within the city. (Gen. Stat. 1909, § 1347.) The work, owing to a delay for certain copy, was begun about four o’clock P. M., April 4. The copies for out of town subscribers were mailed in time to reach their destinations that evening. Substantially all the remaining copies bearing date April 4—about three-fourths of the issue—intended for city patrons, were mailed the following forenoon. Had any subscriber called at the newspaper office the evening of the 4th he could have received his paper. A number of the publisher’s employees usually took their papers, home the day they were printed. No attempt or intent purposely to avoid full publication on the day it was begun was shown or claimed. Held, that the ordinance should be deemed published on that day.</p>