City of Winston-Salem v. Smith

Upon tbe agreed facts presented in tbe record on tbis appeal these two questions arise in determining whether tbe assessment sued upon is valid: (1) Is tbe property of defendant an abutting property on Cleveland Avenue within tbe meaning of tbe statute, C. S., 2703-2728; Public Laws 1915, cb. 56?(2) By failing to appear in response to notices required by tbe statutes with respect to proposed street and sidewalk improvements, and by failing to appeal from assessments therefor, is defendant now estopped to challenge tbe assessment?

On tbe factual situation shown, each question is answered in tbe…