CITY OF BARTLESVILLE v. REVARD

CITY OF BARTLESVILLE v. REVARD
1914 OK 4
139 P. 277
40 Okla. 477
Case Number: 5433
Decided: 01/13/1914
Supreme Court of Oklahoma

¶ 0 Error from District Court, Washington County; R. H. Hudson, Judge.
Suit by Belle Revard against the City of Bartlesville and others to enjoin collection of special assessment. Judgment for plaintiff, and defendants bring error. Reversed and remanded.

Syllabus

PAVING ASSESSMENT--Former Opinion Followed. Reversed on authority of City of Bartlesville et al. v. Holm et al., ante,

M. D. Libby, for plaintiffs in error.
Leahy & MacDonald, for defendant in error.

KANE J

¶1 The facts in the foregoing case are identical with the facts in the case of the City of Bartlesville et al. v. Holm et al., ante,

¶2 We do not believe that the mere fact that a payment of any of the assessments was not made is sufficient to take the instant case out of the rule laid down in the other two cases. Upon the authority of those cases, the judgment in the instant case is therefore reversed, and the cause remanded, with directions to proceed in accordance with the opinion of this court in the City of Bartlesville et al. v. Holm et al., supra.

¶3 All the Justices concur.