157 P. 954 | Mont. | 1916
delivered the opinion of the court.
The facts in this case are substantially the same as in cause No. 3650, City of Lewistown v. Warr, ante, p. 353, 157 Pac. 953. The defendant owns lot 7 in block 15 of Stafford Ad
But counsel for the city insists that defendant is estopped to contest the legality of the city’s proceedings because: (a) She petitioned for the creation of the district; and (b) she paid the first installment of the tax without protest.
(a) By reference the petition is made a part of the complaint.
(b) The complaint does not allege that defendant paid the
The judgment is affirmed.
Affirmed.