Mason v. City of Independence

*189The opinion of the court was delivered by

Johnston, J.:

This was a proceeding by a number of owners of real estate in Independence to enjoin the city and its officers from proceeding to pave certain streets and from levying a tax to pay for the same. A temporary injunction was allowed by the probate judge, but afterward the district court sustained a demurrer to the plaintiffs’ petition and dissolved the temporary injunction. These rulings, of which complaint is made, appear to have been based on the ground that the action was prematurely brought.

The averments of the petition pertinent and…