Premier Construction Co. v. Kimmell

Opinion op the Court by

Judge Dietzman

— Reversing.

This suit was brought hy the appellees, as taxpayers of the city of Henderson and also as owners of certain real estate abutting on Fifth street in that city, to enjoin the carrying out of a contract entered into by the appellant and the city of Henderson for the construction of Fifth street under ordinances duly passed providing for the improvement. The lower court granted the appellees the relief they sought, and from that judgment this appeal is prosecuted.

The issue in this case as finally-made by the pleadings turns on whether or not the…