Stewart v. City of Jeffersonville

—This was an appeal from a precept of the common council of a city in favor of the contractors, for work done in improving a street, by Stewart, a property owner on the street. There was a demurrer to the complaint for want of sufficient facts sustained, and exception taken; and this ruling is assigned for error. The complaint does not show that an advertisement for bids or the letting of the contract was ever made. Following the ruling of this court in Moberry v. The City of Jeffersonville, 38 Ind. 198, and in Baker v. Tobin, 40 Ind. 310, we hold the complaint was bad, and that the demurrer…