Taber v. Grafmiller

The appellant sought by this suit to restrain the city of Fort Wayne from enforcing an assessment proposed to be made for the cost of constructing a sidewalk.

The resolution adopted by the common council reads thus :

“A Eesolution

“ To grade and pave with brick the sidewalks on both sides Baker street, from Webster street to Fairfield avenue:

“ Be it resolved by the common council of the city of Fort Wayne (two-thirds of the members thereof concurring), that the sidewalks on both sides of Baker street, from Webster street to Fairfield avenue, be graded to a width of 10 feet, and paved with brick…