Allen v. Nees

Appellants as owners of certain real estate abbutting North Leavitt Street in the City of Brazil, Indiana, instituted this action against appellees to enjoin and restrain appellees from enforcing an assessment roll and collecting any sums of money assessed against the property of appellants, with which to pay the cost of certain improvements of said street. Appellees Otto Underwood and George A. Sheehan were the contractors for the improvement.

The original complaint was filed on October 3, 1927. Appellees filed a demurrer to the complaint, which demurrer was overruled. The issues having been…