Himmelman v. Booth
Synopsis
Street Assessment—Insufficient Demand.—Where, in an action to recover a street assessment, a judgment of nonsuit had been rendered because of the insufficiency of the tone of voice in which the demand for payment had been made : held, that the judgment should not be disturbed because of error in holding the demand insufficient.
By the Court : It was necessary in this case that the plaintiff, or some person in his behalf, should “ publicly demand payment on the premises assessed.” One of the grounds upon which the plaintiff was nonsuited was that the demand testified to by the witness Tobleman was insufficient, and upon looking into the record, and considering the circumstances attending the supposed demand, we are unable to say that the Court below committed an error in holding the demand insufficient.
• Judgment and order affirmed.
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