In 1808 the General Assembly of Tennessee passed legislation that amended the charter of the city of Memphis. It's effect was that the owner of the property adjoining any street or alley had to bear the costs of paving it. In 1867, the city contracted Taylor McBean & Co to pave the entire way from Front Street to the Memphis & Charleston R. R. bridge in addition to Madison Street, now Madison Avenue. When the work was done Hunt and other property owners did not pay for the work, so the plaintiff sued.