City of Fort Wayne v. Cody

This is an action brought by Maurice Cody, appellee, against the City of Fort Wayne, her treasurer, and John Langohr, assignee of the original contractors for building a brick sewer on Barr street, in said city, which runs past the property of the appellee, to restrain and enjoin the execution and collection of a precept ordered by the common council for the cost of constructing the sewer, as against lots 2 and 5 84 of the original plat of Fort Wayne, owned by the appellee.

The principal questions raised and presented by the record are two in number, and may be stated as follows:

1st. Can the…