Kindley v. Rogers

The opinion of the court was delivered by

West, J.:

The plaintiff sued to enjoin the assignment of a tax-sale certificate and the execution of a deed for the taxes levied on certain lots, including a *646sidewalk tax. It was alleged that without authority of law the city had wrongfully removed a good board walk and put down one of brick, for which the sidewalk part of the tax in question had been levied without the prior enactment of any ordinance requiring such walk; that the alleged ordinances under which the officers pretended to act were not legally passed or published, that the assessment…