Hilling v. City of Cincinnati

OPINION

By MATTHEWS, J.

This action was instituted by an. owner of real estate to enjoin the collection of a street assessment. The Common Pleas Court of Hamilton County enjoined the collection of the assessment. The case reaches this court on appeal on questions of law and fact by the defendants.

The city of Cincinnati having levied a street assessment upon the plaintiff appellee’s real estate which remained unpaid, certified it to the county auditor for collection in 1930.

In the year 1931 this action to enjoin its collection was filed and a temporary restraining order against the collection of…