Weller v. City of Phoenix

Elton E. Weller and Adaline Weller, his wife, hereinafter called plaintiffs, brought suit against the city of Phoenix, hereinafter called defendant, seeking to enjoin the latter from assessing against plaintiffs’ homestead any of the costs of certain paving improvements ordered by defendant to be constructed on a portion of Thirteenth Street, between Harrison and Van Burén. Defendant demurred to the complaint, which demurrer was by the court sustained, and, plaintiffs standing on the complaint, judgment was rendered in favor of defendant. Prom the judgment, this appeal has been taken.

There is…