
    No. 7326.
    Joyce v. Barron, Treas.
    (Decided November 25, 1902.)
    Error to the Circuit Court of Franklin county.
    
      Mr. T. E. Powell, for plaintiff in error.
    
      Mr. Luke G. Byrne; Mr. Franklin Rubrecht and Mr. Roy L. Wildermuth, for defendant in error.
   Judgment reversed and so 'modified as to compel her (Mrs. Joyce) to pay 25 per cent, of the tax valuation as per journal entry.

Burket, C. J., Shauck and Price, JJ., concur.

Spear, Davis and Crew, JJ.,

concur in the reversal, but are of opinion that the assessment should be wholly set aside, there having been no notice of any kind given the plaintiff in error of the proposed street improvement and she having been thereby wholly deprived of an opportunity to be heard before the council respecting the character of the payment, and upon a claim for damages to her land arising from the change of grade of the street.  