Smythe v. City of Homewood

THOMAS, Justice.

The assignment of error challenged the action of the trial court in sustaining amended demurrer to complainant’s bill as last amended.

The claim grows out of the installation of sewer and it is alleged (1) that the property was not improved or benefitted by the improvement and that the assessment therefor exceeded the benefit derived or accruing therefrom; (2) that complainant did not have due or proper notice of -the improvement or assessment; and (3) that the property so dealt with and affected was not sufficiently described or indicated in the advertisement given by the…