
    Board of Education v. The City of Toledo.
    
      Sidewalk — School property not assessable for.
    
    (Decided February 3, 1891.)
    
    Error to the Circuit Court of Lucas county.
    
      E. W. Tolerton, for plaintiff in error.
    
      T. J. McDonnell and W. H. A. Read, for defendant in error.
    The action below was for the recovery of the amount of an assessment made by the city for the use of the contractor, upon the property of the Board of Education, for the cost of a sidewalk ordered to be made by the city. A demurrer to the petition was overruled, and judgment entered on the demurrer ; which was affirmed by the circuit court on error.
   By the Court:

We see no ground for a distinction between making an assessment upon the property of a board of education for the improvement of a street, and one for the making of a sidewalk, where the same has not been ordered by the board. The former, as we have just held, cannot be made.

Judgment reversed and petition of plaintiff below dismissed.  