Woodward v. City of Tulsa

Citations

• 81 Okla. 58

Syllabus

<p>(Syllabus.)</p> <p>1. Municipal Corporations — Public Improvements — Assessments — Injunction—Limitation of Actions.</p> <p>Under section 471, Rev. Laws 1910, an action to enjoin assessments levied to pay certain tax warrants issued for the construction of sewers in the city of Tulsa and to cancel said tax warrants on the ground that the estimates for the work were fraudulently made by the contractor and the city officials, where the city acquired jurisdiction ■by proper proceedings to construct the sewers, cannot be maintained a*fter the expiration of sixty days from the passage of the ordinance making the final assessment.</p> <p>2. Same — Estimates of Work — “Irregularities” — Jurisdiction.</p> <p>The act of estimating the work done in sewer construction, if done incorrectly or fraudulently by the contractor and the city officials, is an irregularity, and does not go to the jurisdiction of the city in levying the assessments for the work or in issuing tax warrants therefor, and if taken advantage of by suit in equity or otherwise, it must be by action brought prior to the expiration of sixty days after the passage of the ordinance makijjg assessments for the work done.</p>