Rodgers v. City of Ottawa

Citations

• 83 Kan. 176
• 109 P. 765
• 1910 Kan. LEXIS 491

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities ■ — • Street Improvements — Remonstrance by Property Owners — Time—Jurisdiction. Section 1420 of the General Statutes of 1909, authorizing the city council of cities of the second class to improve streets and to levy special taxes in payment therefor, provided a majority of the resident owners of property liable to taxation therefor shall not within twenty days from the last publication of the resolution file their protest against such improvement, is interpreted to mean that the property owners have the full period in which to express their approval or disapproval; and if, after a majority have protested, and before the expiration of the twenty-day period the majority protesting become the minority by changes in the ownership of real estate, the council has power to proceed.</p> <p>2. Judgments — Motion for Temporary Injunction — -Res Judicata. Where the merits of a case are fully tried out in an application for a temporary injunction by the introduction of witnesses by both parties, and at the request of the parties the court makes separate findings of fact and conclusions of law denying the temporary injunction, and on the final hearing it is stipulated that the findings made at the time the temporary injunction was refused should stand as admitted facts, held, that the court committed no error in holding the plaintiffs estopped from retrying issues of fact determined at the former hearing.</p>