Indiana Supreme Court May 15, 1874 (Indianapolis, Peru, & Chicago Railroad v. Ross)

Downey, J.

This was an action by the appellee against. *26the appellant, to recover an assessment for street improvement, made by the appellee as a contractor under the direction of the authorities of the town of Noblesville. The assessment was made and the action brought under the act of April 27th, 1869, 3 Ind. Stat. 128, secs. 8, 9, and 10.