Schaefer v. Werling, 188 U.S. 516 (1903)

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Schaefer v. Werling


No. 161


Argued January 27-28, 1903
Decided February 23, 1903
188 U.S. 516

ERROR TO THE SUPREME COURT
OF THE STATE OF INDIANA

Syllabus

The construction placed by the highest courts of the state upon a statute providing for paving streets and distributing the assessment therefor is conclusive upon this Court.

Where a person attacking the validity of an assessment claims that the city is estopped from proceeding to collect the benefits assessed upon lots, the owner whereof objected in writing, and which objections were placed on file by the common council, the question, so far as such estoppel is concerned, is purely state, and not federal.

Within repeated decisions of this Court, the statute in question in this case is not in conflict with the Constitution of the United States.

The case is stated in the opinion of the Court.