Lake Erie & Western R. R. v. Walters

The constitutionality of the clause in the statute authorizing the recovery of a reasonable attorney’s fee in actions to foreclose assessment liens for street improvements was settled adversely to appellant in Dowell v. Talbot Paving Co., 138 Ind. 675.

In this case a contract was entered into between the city of Kokomo and appellee for the improvement of a certain street in accordance with the provisions of an ordinance. The work was completed by him £ £ in part according to the contract, ” and an estimate was properly made on the work. The improvement was not entirely made in accordance with…