181 Iowa 1212 | Iowa | 1917
The defendants deny the allegations of fraud, and allege that the pavement was regularly- ordered and laid, in the manner provided by law. They further aver that plaintiff, in consideration of being allowed to pay the assessment on his lot in deferred installments, signed and delivered to the city his written promise and agreement to waive ail objection to said assessment, on account of any illegality or irregularity in said assessment or levy on said property, and to pay the same with interest as the installments should become due; and that he not only thus waived the objections he now attempts to raise, but in fact did pay several of
“No action shall be brought, questioning the legality of any street improvement or sewer certificates or bonds, from and after three months from the time the issuance of such certificates or bonds is ordered by the proper authority.”
There are many obvious reasons why actions of this kind should be subject to a shortened statute of limitations, and the terms of this statute would seem to be fairly applicable to the present proceeding. See also City of Topeka v. Gage, (Kans.) 24 Pac. 82; Gaastra v. City of Kenosha, 146 Wis. 93.
It follows that the decree appealed from must be reversed, and the cause remanded, with directions to the district court to enter final judgment dismissing the plaintiff’s petition. — Reversed and remanded.