Barlow v. City of Tacoma

The opinion of the court was delivered by

Scott, J.

This action was brought to have a special assessment for the improvement of a street declared void, and to restrain its collection. Judgment was rendered in favor of the plaintiffs, and the city has appealed.

Under the decision of this court in the case of Buckley v. Tacoma, 9 Wash. 253 (37 Pac. 441), the city failed to obtain any jurisdiction in the premises under the notice given, but the plaintiffs in this action, with the exception of Theodore Hosmer, saw fit to appear in *33said proceeding and remonstrate against the prosecution of the work,…