Gormley v. Shiver

ON MOTION FOR REHEARING.

It is contended that this court overlooked the decisions in Bacon v. Mayor, 86 Ga. 301 (12 S. E. 580), Walker v. Cairo, 27 Ga. App. 323 (108 S. E. 206), and Mayor &c. v. Dean, 124 Ga. 750 (53 S. E. 183). In the Bacon case it was ruled: “Where "the same statute which confers authority for issuing an execution to enforce the payment of an assessment made upon abutting property, to defray the cost of 'improving the street on which such *754property abuts, provides that the defendant shall have the right to file an affidavit denying that the whole or any part of the amount for…