Fischer v. James A. Diskin Co.

OpiNioN op the Court by

Stanley, Commissioner

Affirming.

This suit was filed by the appellees, James A. Diskin Company and the Citizens’ Bank & Trust Company, to subject property of the appellants, Joseph Fischer, Sr., and his wife, to the satisfaction of' an apportionment warrant for $100.20 for the construction of a sewer in Fort Thomas.

The defense is that the city had entered upon the appellants’ property and constructed the sewer through it without right or authority and that the assessment is invalid because the city did not have legal title to the property upon which the public improvement…