City of Huntington v. Sonken

This is an action by the appellee against the appellants for an injunction to restrain appellants from collecting a sewer assessment levied by the appellant city upon the lands of the appellee. Appellants’ demurrer to the complaint was overruled. The court rendered judgment restraining the appellant city from collecting the sewer assessment. Errors assigned were the overruling of the demurrer to the complaint and error in each conclusion of law.

The special finding of facts discloses that the appellant city, by its common council, determined, by several ordinances duly adopted, to provide…