Rockwell v. City of Junction City

Citations

• 92 Kan. 513
• 141 P. 299
• 1914 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injunction — Paving Assessments — Action Barred by Thirty- - day Statute of Limitations. An action was brought by a property owner to enjoin the making of a special assessment to pay for the paving of a street. More than thirty days after the assessment was ascertained other property owners intervened in the action and asked to enjoin the assessments made upon their property. Held, that the action begun by the original plaintiff before the thirty-day statute of limitations had run did not inure to the benefit of the intervening plaintiffs who came into the case after the expiration of the statutory period.</p> <p>2. Same — Petition for Paving — Construction of Statute. The word “shall” as used in section 1420 of the General Statutes of 1909, to the effect that when resident property owners petition for the improvement of a street the city council shall cause the work to be done, is not used in its imperative sense, but is construed to mean “may.”</p>