Smith Bros., Inc. v. Lucas

On Motion for Rehearing.

Appellee Lucas contends that no personal judgment should have been rendered against him, because the provision of the city charter imposing personal liability for the total cost of the street improvement is inconsistent with a general law of the state on the subject; that is, with chapter 9, title 28, R.S. 1925, which provides that in no event shall more than three-fourths of the costs of such improvement, except the curbs and sidewalks, be assessed against either the property or the owner. If it be true that the charter of the city of Dallas, in the respect mentioned,…