Heorath v. Halpin

This is a proceeding to foreclose a mortgage and to restrain defendant, Kansas City, from constructing a viaduct over and upon one of its public streets. The court rendered judgment foreclosing the deed of trust but sustained the city’s demurrer to that part of the petition asking for an injunction. Plaintiff refused to plead further and judgment went against her. She has appealed. There was no appeal from that part of the judgment foreclosing the deed of trust.

The facts which plaintiff contends entitle her to an injunction are stated in the second count of the petition. This count alleges…