Emerson v. Babcock
Supreme Court of Iowa
Appeal from, Ringgold District Court. This is an action in equity, by which the plaintiff seeks to enjoin the defendant, who is marshal of the incorporated town of Kellerton, from removing certain platform scales from one of the streets of said town, in pursuance of an ordinance of the town council. There was a demurrer to the petition, which was sustained. Plaintiff appeals.
1Opinion of the CourtNothrock, J.
It is averred in the petition that “ said scales are not and never have been an obstruction to said street in any particular, neither have they been so declared by any court, but, on the contrary, plaintiff' avers that they have always been a great benefit to the public, and that they were put in said place at the first laying out of said town. Plaintiff states further that said order (the order of removal) was procured through the hatred, ill-will and malice of designing men, for the purpose of liarrassing and injuring him in his business, and for no other purpose.” The demurrer was upon the…
2Cases cited1 opinion
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
3Cited by20 opinions
- Lacy v. City of OskaloosaSupreme Court of Iowa · 1909
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- Laing v. Mayor of AmericusSupreme Court of Georgia · 1891
- Perry v. CastnerSupreme Court of Iowa · 1904
- Keyser v. City of BoiseIdaho Supreme Court · 1917
15 more not listed; retrieve them via the Exa API.