David Josiah Brewer

“ In September, 1892, the plaintiff in error, the owner of five lots on Williams street, in Schaefer's addition to the city of Huntington, Indiana, with other lot owners, petitioned the city council to have the street graded and graveled. On July 10, 1893, the petition was granted and the street ordered to be so improved. After this improvement had been ordered some of the lot owners petitioned the city council to order the street paved with brick. ”

“ Ct. Rep. 131; Phoenix F. & M. Ins. Co. v. Tennessee, 161 U.S. 174, 40 L. ed. 660, 16 Sup. Ct. Rep. 471; Beals v. Cone, 188 U.S. 184, ante, 275, 23 Sup. Ct. Rep. 275. Further, the matter was not noticed by the supreme court, and its judgment is the one before us for review.
We see no error in the record, and the judgment is affirmed. ”