Swift & Co. v. Koutsky

This plaintiff began an action in the district court for Douglas county against the defendant Frank Koutsky, as mayor, and other defendants, as councilmen, of the city of South Omaha to restrain the passage of certain ordinances providing for the vacating of certain highways in said city, and entering into contract with the Union Pacific Railroad Company for the construction of viaducts and other purposes. No restraining order or temporary injunction having been allowed, it appears that while the action was pending the council proceeded to pass the ordinances which it was sought to enjoin,…