
    The Incorporated Village of Marion v. David Epler.
    In error to the Court of Common Pleas of Marion county. Reserved in the District Court.
    This case involves the question of the constitutionality of a special assessment for improving streets under section twenty-six of the act of May 3,1852, “ to provide for the organization of cities and incorporated villages.”
    The question is presented by demurrer to a petition in a suit brought to collect an assessment on Epler’s lot, for improving the street in front of it.
    
      J. & S. H. Bartram, for the plaintiff.
    
      Williams & Hume, for defendant.
   Ranney, C. J.

The question presented in this case, is not to be distinguished from that which we have just decided in the case of Hill v. Higdon. For the reasons there given, the demurrer in this case must be overruled.

Bartley, J., dissented.  