Lyon v. Mayor of Hyattsville

Pattison, J., delivered the opinion of the Court. The demurrer to the appellant’s declaration having been sustained and he having failed to amend within the time allowed him, a judgment for cost was entered against him in favor of the appellee. From that judgment this appeal is taken. The suit was instituted to recover the sum of $275.77 paid by plaintiff to ■ the defendant in payment of an assessment against his wife, as the owner of a lot of land in Hyattsville, Maryland, to aid in the construction of a sewer in Maryland avenue, in said town.

The assessment was made under an ordinance passed by the defendant pursuant to an Act of the General Assembly of this State. The validity of the ordinance is not assailed, bu.t the assessment is said to have been wrongfully made thereunder, for the reason stated in the opinion in Lyon v. The Mayor and Common Council of Hyattsville, decided at the present term of this Court which we think unnecessary to repeat here. As alleged in the declaration the wife, at that time the alleged owner of said land, refused to paj- the assessment and instituted proceedings in the Court, in which this declaration was filed, to set aside and annul the assessment because as she alleged the assessment was null and void. As to said proceedings the