Early v. G. T. Fogle & Co.

Lovins, Judge:

C. B. Early instituted this suit in the Circuit Court of Kanawha County to enforce fhe payment of a paving assessment lien against Lot No. 345, Block H, of the City of Dunbar, now owned by G. T. Fogle & Company. A demurrer to defendant’s answer and amended answer was sustained, with leave to amend, and upon the defendant declining to do so the trial court granted the relief prayed for in plaintiff’s bill of complaint. This appeal followed.

In 1923, The Council of the City of Dunbar, in the manner provided by Sections 85 and 86, Chapter 7, Acts of the Legislature of West Virginia,…