Reference

Cited By

5 cases

Status

Published

Syllabus

Municipal claim — Petition—Estoppel. A landowner who petitions the councils of a municipality to pave a street upon which his land abuts, is subsequently estopped to deny the power of councils to do the paving. Affidavit of defence — Insufficient averment — Original paving. An affidavit of defence to a claim for paving is insufficient which merely avers that the paving referred to in the claim “ was not an original paving,” without stating when or with what material the street was originally paved. Fraud — Misrepresentations as to character of pavement. An affidavit of defence to a claim for paving which avers fraud and misrepresentations as to the kind of pavement which was to be laid, must also state by whom the misrepresentations were made or the fraud was committed, or what connection the city’s officers or agents or the contractor had therewith. Municipal claim — Protest—Paving. After a petition has been presented to councils to pave a street with asphalt and councils have adopted a particular method of laying the pavement, a protest by the petitioners against the method adopted by councils is unavailing as a defence to the claim for paving. Affidavit of defence — Defective pavement. An affidavit of defence to a paving claim, alleging that the pavement is defective, must show (1) in what the inferiority consists, and (2) that the pavement immediately in front of defendant’s premises is defective.