Smith v. Duncan

The appellant obtained a precept for the collection of a sum claimed to be due from the appellee for á. proportionate share of the expense or price of the improvement of Meridian street in Indianapolis. Duncan appealed from the precept to the circuit court, which sustained his. demurrer to the transcript of the proceedings, and gave judgment for the appellee. The appellant saved an exception and has assigned the ruling as an error.

The appellee makes two principal objections to the proceedings :

First. That the ordinance under which the work was doné is void;

Second. That the assessment against…