Sholes v. City of Omaha

Oldham, C.

Plaintiffs below filed their amended petition in the district court for Douglas county, praying for the can-*577relation of certain special assessments of grading and curbing taxes levied against certain lots in the city of Omaha therein described. The defendant city demurred to the petition. The demurrer was sustained, the petition dismissed, and plaintiffs appeal.

The material allegations of the petition are that on and prior to October 2, 1893, plaintiffs were OAvners of the lots in controversy; that on said day, for the purpose of securing certain promissory notes set out in the…