Indiana Supreme Court January 8, 1924, No. 24,096 (Hutchins v. Incorporated Town of Fremont)

Gause, J.

This was an action brought by the appellants to enjoin the appellees, the town, the trustees of the town, and the contractor, from paving certain streets in the town of Fremont, and also asking that *77the trustees of said town be enjoined from levying a tax or assessment upon the real estate of appellants, situated in said town, to pay for any part of such improvement.