McRoberts v. City of Phoenix

CHAMBERS, Superior Judge.

This is an action brought by the appellant to restrain the appellee from proceeding with a contemplated improvement, being a pavement, on First Street in the city of Phoenix, between the north line of Taylor Street and the south line of Culver Street in said city. The court below sustained the demurrer to the complaint and entered judgment dismissing the action. From that judgment this appeal is prosecuted.

Those portions of the complaint which it seems necessary to have before us in order to arrive at a decision are as follows:

“That she [plaintiff] is the owner of and…