Sullenger v. Carey-Reed Co.

Opinion of the Court by

Judge Rees

Affirming.

Under an ordinance adopted by the board of councilmen of the city of Marion, a system of sanitary sewers was constructed during the year 1930, at the cost of abutting property owners. Some of the property owners paid the assessments in cash, others elected to pay on the ten-year plan, and others, including the appellants, resisted payment on the ground that their property did not abut on the improvement and. was not liable for the assessment. One of the sewers was constructed along Gum street, and the cost of the improvement was assesed against the…