Town of Leeds v. Cason

The suit is in assumpsit, by a municipal corporation, to recover tbe cost of installing a sanitary toilet on private property, upon failure of the owner so to do, as provided by ordinance enacted pursuant to Code, § 2051.

Tbe sole question presented is whether an action of assumpsit may be maintained; tbe city having failed to comply with tbe provisions of tbe statute necessary to the enforcement of a lien on tbe property.

Tbe statute provides that in such case tbe city may install tbe closet “at the expense of tbe owner, tbe cost thereof tó be a lien upon tbe property in favor of tbe city or…