Elliott v. City of Auburn

The facts in this case are set out in detail in our opinion. I shall set out only those pertinent to the consideration of the case.

This is an action in equity against the county treasurer and others to declare special paving assessments void and to enjoin their collection. A demurrer was sustained to the plaintiffs’ second amended petition. Plaintiffs' appeal.

Plaintiffs’ second amended petition with reference to the petition presented for the creation of the paving district alleges in substance that on April 7, 1958, there were 19 or more resident owners of real estate directly abutting upon…