Meacham Contracting Co. v. Kleiderer

Opinion of the Court by

Judge Carroll

Affirming.

Under an ordinance passed by the common council- of the city of Henderson, the appellant company improved the sidewalk abutting on property of appellee. After-wards it brought this equitable action against appellee to enforce its lien upon his property to satisfy the cost of the improvement. A recovery was resisted upon the ground that the ordinance authorizing the improvement was void, first: Because the special meeting of the council at which it had its second reading and final passage was not legally called; and second, because the ordinance on *443…