City of Statesville v. Jenkins

STACY, C. J., dissenting; BROGDEN, J., concurs in dissent. This is a controversy without action, the agreed statement of facts is as follows:

1. The city of Statesville is a municipal corporation and as such, under the general law and by the provisions of its charter, is authorized to pave the streets in said city of Statesville and to make a local assessment against the property abutting thereon for a part of the costs of said pavement.

2. That in the year 1912, the said city of Statesville caused to be levied against the property hereinafter described a street assessment for the principal…