Baugh v. City of LaGrange

An affidavit of illegality was interposed to the levy of an execution issued by the City of LaGrange for the amount of an assessment against abutting real estate for paving a street. The judge tried the case by consent of both parties, without a jury, upon an agreed statement of facts. A judgment- was rendered against the illegality, and the defendant in execution excepted.

The first ground of the illegality raises the question of con*84stitutionality of the act upon which the assessment fi. fa. was predicated. The caption of the act approved December 16, 1901 (Acts 1901, p. 477), is: “An act to…