Jaffrey v. Heffernan

In support of their motion for judgment notwithstanding the decree, the defendants rely upon Mayor v. Smyth, 64 N. H. 380 which they assert is controlling and founded upon established principles of equity. See also, Ventnor City v. Fulmer, 92 N. J. Eq. 478, aff’d 93 N. J. Eq. 660; Annot. 91 A. L. R. 315, 322. In Mayor v. Smyth, supra, 383, the court dismissed a bill in equity seeking to enjoin violation of an ordinance designed to prevent the spread of fire, which required that exterior alterations of existing buildings should be of fireproof material. It appeared that the changes proposed by…