Peck v. Wm. M. Birch Co.

Complaint by appellant to cancel and to enjoin appellees from enforcing a sewer assessment against appellant’s real estate. A demurrer to this complaint having been sustained judgment was rendered against appellant that he take nothing. The error assigned'is that the court erred in sustaining the demurrer to the complaint.

The facts alleged in the complaint are in substance as follows:

On June 14, 1921, the board of trustees of the town of Eaton in Delaware county passed a declaratory resolution for the construction of a general sewer. Notice of the passage of this resolution was published June…