City of Waycross v. Harrell

Bell, Justice.

Two executions based on street-paving assessments were issued by tbe clerk of tbe City of Wayeross against L. B. Harrell, and were levied. After the filing of affidavits of illegality by the defendant, the proceedings were returned to the superior court of Ware County, where the two cases were consolidatd. The city’s general demurrers and motions to dismiss the affidavits of illegality were overruled. The judge, before whom the case was tried by consent without a jury, after hearing evidence, rendered a judgment in favor of the defendant. The City of Way-cross moved for a new…