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HIBBEN v. SMITH

No. 59.

191 U.S. 310 (1903)

24 S.Ct. 88

48 L.Ed. 195

HIBBEN v. SMITH.

Supreme Court of United States.

Decided November 30, 1903.

Attorney(s) appearing for the Case

Mr. Russell T. McFall, with whom Mr. Mural W. Hopkins and Mr. Merrill Moores were on the brief, for plaintiff in error.

Mr. Lawson M. Harvey, with whom Mr. William A. Pickens, Mr. Linton A. Cox and Mr. Sylvan W. Kahn were on the brief, for the defendants in error:

MR. JUSTICE PECKHAM, after making the foregoing statement of facts, delivered the opinion of the court.

The Supreme Court of the State of Indiana has held the statute to be constitutional under which this lien was established and judgment entered for its foreclosure. That court has held that under the state constitution an assessment arbitrarily by the front foot is unconstitutional, but that the statute in question provides...

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