Mayor of Brunswick v. King

Simmons, Justice.

By the injunction in this case, the mayor and council are prohibited from excavating or removing any soil, ■earth or dirt within the corporate limits, for any purpose, during the period stated, unless by permission of the municipal board of health. The ground upon which the injunction is placed is, not that such excavating, etc., would constitute a nuisance per se, but that all power and authority of the city council in the matter of upturning the earth in the city during that period was relinquished, and the consent' of the board of health rendered necessary, by an ordinance…