Marshall v. City of Osborne

Citations

• 104 Kan. 377
• 179 P. 303
• 1919 Kan. LEXIS 271

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Excessive Charges for Local Improvements — Joinder of Plaintiffs. The owners of lots in different blocks which are subjected to an excessive charge’ for local improvements by reason of the total amount apportioned among the benefited property being too large, may join in an action for relief.</p> <p>2. Same — Pleadings—Illegality of Special Assessments. An allegation that the abutting property is charged with the cost of bringing the street to grade is sufficient to show the illegality of a special assessment.'</p> <p>3. Same — Assessments Payable in Installments — Tender. The rule applied that where assessments for local improvements are payable in installments a tender of the valid portion is not essential to the maintenance of an injunction against the collection on the ground of their being excessive.</p> <p>4. Same — Pleading—Additional Parties. The petition held not to show facts calling for the bringing in of additional parties.</p>