Weeks v. Heurich
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe complainant from a judgment of tbe Supreme Court of tbe District of Columbia, sitting as an equity court, dismissing a bill filed to restrain the defendants from establishing a public garage on a residence street.
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Hearing on an appeal by tbe complainant from a judgment of tbe Supreme Court of tbe District of Columbia, sitting as an equity court, dismissing a bill filed to restrain the defendants from establishing a public garage on a residence street. The Court in the opinion stated the facts as follows: Appellant (Hiram B. Weeks), plaintiff below, filed a bill in the supreme court of the District of Columbia, seeking an injunction to restrain the several defendants (Christian Heurich and Augustus P. Coppes, trustees; the Commissioners of the District of Columbia, Cuno H. Rudolph, John A. Johnston, and…
1Opinion of the CourtJustice Van Orsdel
The averments of the bill must be accepted as true, since the request of the court to hear the case as on demurrer was acquiesced in by counsel on both sides. Judgment was entered without objection to the manner of trial, and it is too late now, for the purposes of this appeal, to complain. Thus, the case, stripped of all issues of fact, leaves only the naked question of law, whether or not, in the light of the admitted averments of the bill, plaintiff is entitled to the relief sought.
The validity of the provisions of the building regulations of the District (160b) relating to the…
2Cases cited2 opinions
- Eubank v. City of RichmondSupreme Court of the United States · 1912
- The State of Pennsylvania v. The Wheeling and Belmont Bridge Company, William Ottersan, and George CroftSupreme Court of the United States · 1850
3Cited by1 opinion
- National Hospital Service Soc., Inc. v. JordanCourt of Appeals for the D.C. Circuit · 1942