Stovall v. City of Jasper

We have indicated that the paving assessment, under section 223 of the Constitution and statutes, made against appellant's property, contained an illegal item that was separate and severable, and that may be eliminated without destroying the assessment.

The rehearing asks for a declaration by this court as to the right to interest by the municipality for the time preceding the elimination of the illegal item of cost included in the assessment against appellant's said lots.

The case of City of Birmingham v. Collins, 16 Ala. App. 222,77 So. 60, was upon the point. The effect of the decision by…