Section 11-48-42
Appeals to circuit court from assessments - Entry of judgment for amounts properly chargeable against lands where assessment defective.
If, on the hearing of such appeal, it shall appear that by reason of any technical irregularity or defect in the proceedings the assessment has not been properly made against the lot or parcel of land sought to be charged, the court may, nevertheless, on motion of the city or town, upon satisfactory proof that expense has been incurred which is a proper charge against the lot or land in question, enter judgment for the amount properly chargeable against said lot or land, but in such case the court shall make such order for the payment of the costs as it may deem proper.
(Code 1907, §1395; Code 1923, §2210; Acts 1927, No. 639, p. 753; Code 1940, T. 37, §551.)