Herbert C. Heller & Co. v. Charleston-Dunbar Traction Co.

Lively, Judge:

The validity of a street paving assessment is at issue in this litigation.

The city of Dunbar paved its Dunbar Avenue and issued to the contractor paving certificates against the abutting landowners, which certificates under section 61 of its charter became liens upon the properties abutting on the avenue. The certificates against defendant Charleston-Dunbar Traction Company aggregated $11,562.12, and.were made on December 21, 1928. These certificates were assigned to plaintiff for value in April, 1929, and when the first payment became due (they were payable in ten equal annual…