Warsop v. City of Hastings
Supreme Court of Minnesota
The plaintiff, a resident and tax payer in tbe city of Hastings, brought this action in the district court for1 Dakota county to restrain the proposed issue of the bonds of the city to the Saint Paul & Chicago Railway Company. A demurrer to the complaint was sustained by Crosby, J., and the plaintiff appealed.
1Opinion of the CourtCornell, J.
Assuming the city ordinance to have been duly and legally passed and ratified, in conformity with the act of the legislature of May 15, 1869, (Sp. Laws 1869, ch. 34,) it cannot be doubted that an acceptance of its terms and conditions, and full compliance therewith, on the part of the company, in the construction of its road, constituted a valid and binding contract between it and the city.
It is well settled that, in all cases where equitable relief is sought through the extraordinary remedy of an injunction, the facts entitling the party to such relief mu§t be clearly and positively alleged…
2Cases cited1 opinion
- Clark v. City of JanesvilleWisconsin Supreme Court · 1860
3Cited by7 opinions
- Muehring v. School District No. 31Supreme Court of Minnesota · 1947
- State ex rel. Minnesota Railway Construction Co. v. City of HastingsSupreme Court of Minnesota · 1877
- Wilson-Broadway Building Corp. v. Northwestern Elevated RailroadAppellate Court of Illinois · 1922
- State ex rel. Coleman v. City of Clay CenterSupreme Court of Kansas · 1907
- State ex rel. Minnesota Railway Construction Co. v. City of Lake CitySupreme Court of Minnesota · 1879
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