Janutola & Comadori Construction Co. v. Taulbee

Opinion of the Court by

Drury, Commissioner

Reversing.

By this action the appellants, whom we will refer to as the plaintiffs, aserted a lien upon the property of the appellees, whom we will refer to as the defendants, for street improvements. A demurrer was sustained to the plaintiffs’ petition, they declined to amend, their action was dismissed, and they have appealed.

The city of Hazard is a city of the fourth class, and on July 17, 1922, it passed an ordinance containing the following:

“That each of the following streets shall be improved by grading and paving with concrete, reinforced…