Balfe v. Johnson

This was an appeal from a precept issued for the collection of certain amounts assessed against the real estate of the appellee for street improvements, in pursuance of section 71 of the general law for the incorporation of cities. 3 Ind. Stat. 101. The appellants are the contractors *236who did the work. The transcript of the proceedings, papers, etc., before the common council, on appeal from the precept, constitute the complaint. The appellee demurred to this complaint, for the reason that it did not state facts sufficient to constitute a cause of action; the court sustained the demurrer, and…