At any time within ten days after the hearing provided for in Section 94-36 has been concluded, any person having any interest in any real estate which may be subject to reassessment under such resolution, or otherwise having any financial interest in such improvement or improvements, or in the manner in which the cost of such reassessment is to be paid, who may desire to contest on any ground the validity of any proceeding that may have been bad with reference to the making of such improvement or the validity in whole or any part of any such reassessment, lien or personal liability fixed by any of such proceedings, may institute suit for that purpose in any court of competent jurisdiction. Any person who shall fail to institute such suit within such period of ten days, or who shall fail to diligently prosecute such suit in good faith to final judgment, shall be forever barred from making any such contest or contests, or defense in any other action, and this estoppel shall bind their heirs, administrators, successors and assigns.
The city and the person to whom is let the contract for the making of the original improvement for which such reassessment is made, shall be made defendants in such suit or any other proper parties may be joined therein, and the petition in such suit shall comply with all the formalities required by, shall be verified in the manner required by and shall be subject to all the terms of the provisions of the Charter of this city with reference to such suits in original assessment proceedings.
(Code 1943, Art. 54-13)