City of Prestonsburg v. People's State Bank of Frankfort

*253OPINION op the Court by

Judge Dietzman

Reversing.

This action was instituted by tbe appellee, People’s State Bank of Frankfort, Ky., against tbe city of Pres-tonsburg, to recover tbe principal and interest on certain street improvement bonds; tbe cost of sucb improvements having been assessed against tbe abutting property owners.

Tbe petition alleged, in substance, that on July 19, 1920, and on February 18, 1923, tbe city of Prestons-burg, at that time a city of tbe fifth class, by its board of council adopted ordinances by which it ordered tbe improvement of certain described streets and parts…