Pierce Butler

“ The statute provides that any property owner against whom or whose property such assessment has been made may within 20 days bring suit in any court having jurisdiction to set aside or correct the same or any proceeding with reference thereto, on account of any error or invalidity therein; but thereafter he may not question the validity of such proceeding or assessment. No suit was brought by the plaintiff in error. The city issued its assessment certificate, declaring the cost of the sidewalks, $89.32, a charge agains him and against the lots. ”

“ The city ordered the construction of sidewalks in front of four lots owned by plaintiff in error. An ordinance was passed making the cost of sidewalks a lien against abutting property, and providing for 20 days' notice to the owner, before charging such cost personally against him or as a lien upon his property. Plaintiff in error was given notice in compliance with the statute and ordinance. He failed to appear or make objection to the assessment. ”

“ Argued: April 20, 1923. --- Decided: May 21, 1923
A statute of Texas (R. S. 1911, c. 11, arts. 1006-1007) empowered the city of Olney to lay sidewalks and to assess the cost against abutting property and owners. ”