City of Jackson v. Kenny
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Suit by the city of Jaclrson against P. W. Kenny and others to enforce an improvement lien. Judgment for defendants, and plaintiff appeals. Section 3413 is essentially different from 3411, 3412, in that section 3413 does not require a special assessment before the -city can enforce this lien.
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Appeal from the circuit court of Hinds county. Hon. W. H. Potter, Judge. Suit by the city of Jaclrson against P. W. Kenny and others to enforce an improvement lien. Judgment for defendants, and plaintiff appeals. Section 3413 is essentially different from 3411, 3412, in that section 3413 does not require a special assessment before the -city can enforce this lien. When the property owners sign a petition requesting the laying of its sidewalk, it obviates the necessity of giving notices to these owners. The only purpose of notice is to give the person an opportunity to do the work. When they…
1Opinion of the CourtHolden, J.
This is a suit by the city of Jackson to enforce a lien against lot, 2 block 2, Scotland Heights survey, in Jackson, for an amount claimed to be due the city for the laying of an adjoining sidewalk. The city proceeded under the provisions of section .3413, Code of 1906', and in 1909 declared the laying of this sidewalk, and directed the street commissioner to give the proper notice to all the property owners concerned. The city, however, failed to spread upon its minutes an order directing the street commissioner to do the work, and failed to recite in its minutes the report of the street…
2Cited by2 opinions
- Wilson v. City of LexingtonMississippi Supreme Court · 1929
- City of McComb v. FlowersMississippi Supreme Court · 1930