Fayer v. Mayor of Washington

(After stating the foregoing facts.) When this case was here before this court held that the petition failed to set forth a cause of action, and that the court erred in overruling the demurrer. Before the remittitur from this court was made the judgment of the court below, the plaintiffs amended their petition by new and additional attacks upon the validity of the assessment against property abutting upon the streets paved to defray the expenses of paving. To the petition as amended the defendants renewed their demurrer, which the court sustained; and to this judgment the plaintiffs excepted.

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