Byars v. Town of Boaz

KNIGHT, Justice.

Common-law certiorari to review and quash proceedings of the town council of the town of Boaz, levying an assessment for street improvement upon property of the petitioners, appellants in this court.

It appears that the town of Boaz, under the provisions of article 33, chapter 43, of the Code 1928 (section 2173' (1) et seq.), undertook to make certain street improvements, the cost of which within constitutional limitation, was to he assessed against the property owners. To that end, certain proceedings were had, which culminated in what the petitioners termed “an order,”…