Town of Elma v. Carney

The opinion of the court was delivered by

Anders, J.

— These actions were instituted by the town of Elma, a municipal corporation of the fourth class, for the purpose of foreclosing alleged liens upon real estate of the respondents, for grading portions of Third and Fourth streets in that town. The questions involved in both cases are practically the same, and they were tried together in the court below and were so argued and submitted in this court, though separate briefs were here filed.

The complaints set forth in detail, among other things, that certain resolutions and ordinances were duly…