Stipp v. Claman

This was a suit by the appellants against the appellee, as treasurer of Monroe county, to enjoin the collection of assessments made for the purpose of constructing a free gravel road under the provisions of sections 5091 to 5114, R. S. 1881.

The causes alleged in the complaint for enjoining such assessments are:

First. That at the time the petition for said improvement was presented to the board of commissioners said board was not in regular session, but was specially called together by the auditor of Monroe county, and that said board at said *533special session granted the prayer of said…