Smith v. State

Citations

• 64 Kan. 730
• 68 P. 641
• 1902 Kan. LEXIS 268

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Cities and City Oeeicers — Injunction—Confession of Judgment. The state, on relation of the attorney-general, brought suit against a city of the second class to enjoin its mayor and councilmen from making contracts involving an expenditure of money out of the general revenue fund in excess of the amount which the city was authorized by law to raise by taxation for general revenue purposes. Due service of summons was had on the city. At a regular meeting of the city council, at which a quorum of its members was present, a resolution was passed by a majority of the members confessing judgment in the suit and authorizing the city attorney to appear in court and confess judgment on behalf of the city, which was done. Held, that the judgment was valid and binding.</p>