Swigart v. Barberton

OPINION

This is an appeal on questions of law and fact from the Common Pleas Court of Summit county. The cause was sub*254mitted to this court praying for an order enjoining the collection of special assessments in the city of Barberton, assessed in the year 1928 and payable in ten annual instalments, none of which were ever paid.

A careful analysis of the evidence adduced upon the trial establishes the fact that at no time before the passage of the resolution of necessity by the city council was there on file in the office of the director of public service of the city of Barberton, or elsewhere,…