48 Ind. App. 509 | Ind. Ct. App. | 1911
Statutory action in the Wayne Circuit Court, by appellee against appellant, under §109 of an act concerning municipal corporations (Acts 1905 p. 219, §8714 Burns 1908), to foreclose a street contractor’s assessment liens arising from the improvement of South First street in the city of Richmond, pursuant to a resolution of the board of public works of said city. Said improvements were made under §§8710-8721 Bums 1908, Acts 1905 p. 219, §§107-109, 111-114, Acts 1907 p. 167, and p. 550, §§1-8. Appellant in his answer sought to contest his assessments, by showing that they were excessive, and that his lots were not, benefited, by said improvement, to the amounts assessed. The court sustained demurrers to the separate paragraphs of answer. Appellant excepted and declined to plead further, and judgment was rendered for appellee. The ruling on the demurrers to the paragraphs of answer is assigned as error.
The trial court committed no error in its ruling on appellee’s demurrers to the separate paragraphs of appellant’s answer. The judgment is affirmed.