In re the Appeal of Keep

This is a motion made by the respondent to dismiss the appeal of the appellants from an ordinance or resolution confirming a local assessment for a drain and water pipe in Lincoln avenue and South Transit street and from said assessment.

The assessment was levied by the common council of said city on September 9, 1929, and an appeal was taken by the appellants from said assessment and from the ordinance or resolution confirming the same on September 28, 1929, to the Supreme Court. The respondent filed its return thereto and said appeal by order was referred to Charles B. Wheeler, official…