Newman v. City of Opelika

The city of Opelika, in 1914 and 1915, a city of less than 6,000 inhabitants, issued improvement bonds pursuant to Code of 1907, §§ 1411 to 1414, imposing no general obligation on the city, but payable only from local assessments upon abutting property, and secured by lien on such property and the funds collected on such assessments. *

Thereafter, a large portion of the funds collected by city officials on these assessments were, on order of the governing authorities, diverted to the payment of other lawful municipal obligations, leaving some of the bonds unpaid.

Still later, in 1926, the…