Lockridge-Rogers Lumber Co. v. City of East Point

Candler, Justice.

As amended by an act which the legislature passed in 1925 (Ga. L. 1925, p. 1018), section 67 of the City of East Point’s charter empowers its mayor and council to lay or construct sewer lines along its streets and assess the actual cost thereof proportionally against the abutting property on each side of the street. And section 42 of its charter authorizes the city to collect the assessment by execution against the abutting property. However, this section also provides that the abutting owner against whose land an execution has been issued and levied may file an affidavit…