Board of Council v. Brislan

Opinion of the Court by

Judge Carroll

Reversing.

This action was instituted by the city of Frankfort, a city of the third class, to enforce a. lien upon *479a lot of ground owned by appellee for apportionment warrants for the construction of a sidewalk, curbing, and guttering along the front of the land and parallel with a public highway. Subsequently, the claim for paving was dismissed, leaving in litigation the amount sought to be recovered for curbing and guttering. Appellee filed an answer and counterclaim in which he set up that the property described in the petition, and upon which, it was…