Weigand v. Lester

Citations

• 111 Kan. 455
• 207 P. 651
• 1922 Kan. LEXIS 276

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Rep a vino Streets — Liability of City and Benefited Property Owners for Cost Thereof — Statute Construed. Under chapter 118 of the Session Laws of 1921, one-third of the entire cost of repaving a street is to be borne by the city at large and the remainder of the cost is to be assessed against the benefited property, and in this division the cost of paving the street intersections is not to be segregated from the total cost nor added to that part of- the burden imposed by the statute on the city at large.</p> <p>2. Same — ‘Assessments — Aggrieved Taxpayers — ■Party Entitled to Maintain' Action. Taxpayers specially aggrieved by the action of .public officials in levying taxes against their property have, a right of action provided by .the code to enjoin such levy or assessment, if such remedy is promptly invoked; but they have no general legal right to question the validity of such levy or assessment by instituting an original action in mandamus in the supreme court to compel the public officers to perform their official duty.</p> <p>3. Mandamus — To Compel Public Officials to Perform Their Duties — State Proper Party Plaintiff. An action to compel public officials to perform their duty should be brought in the name of the state on the relation of the county attorney or attorney-general, and such action cannot ordinarily be maintained by a private citizen.</p>