Gadarl v. City of Humboldt

*42The opinion of the court was delivered by

Burch, J.:

The plaintiff was denied an injunction to prevent the opening of a street in the George W. Hoss addition to the city of Humboldt, and appeals.

In 1871 George W. Hoss, the owner, filed a plat of the addition, upon which the street in question is designated and described. The territory covered by the plat had previously been taken into the city by ordinance and city taxes have been levied upon it and duly collected ever since. The street had never been opened ■or traveled but the city authorities were about to make it available for public use…