State ex rel. Dawson v. City of Victoria

Citations

• 97 Kan. 638
• 156 P. 705
• 1916 Kan. LEXIS 369

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Incorporation of City — Number of Petitioners — Finding of County Commissioners Upheld. Under a statute authorizing the county commissioners to incorporate a city upon a petition signed by a majority of the electors of the territory, but making no requirement that the fact of the signers constituting such majority shall be recited in the petition or in the record, an order of incorporation will be upheld which contains no reference to the matter except a statement that the petition showed that it was signed by the requisite number, while the petition itself in fact contained no recital on the subject.</p> <p>2. Incorporation of City — Number of Inhabitants — Territory to be Included in Corporation — Petition. The statement in a petition for the incorporation of a city, following the language of the statute, as to the number of inhabitants of the .“town or village” which it is desired to have incorporated, refers to the inhabitants of the territory proposed to be included within the corporate limits, platted or unplatted, notwithstanding a subsequent statement in the petition that the town and its additions have been platted.</p> <p>3. Same — “Metes and Bounds” of Proposed City — Description Sufficient. A requirement that the boundaries of a proposed city shall be set forth in the petition by metes and bounds is sufficiently complied with by. any description that indicates clearly the territory intended to be included.</p> <p>4. Same. Various irregularities of description held not to be fatal.</p> <p>5. Incorporation of City. — County Commissioners Acted on Petition at “Regular Session” — Completed at Adjourned Session — Proceedings Valid. The requirement that the board of county commissioners shall act on a petition for the incorporation of a city at a regular session is met where such action is taken at an adjourned session of a regular meeting, notwithstanding the matter had already been partly considered and that no order had b