Incorporated Town of Rochester v. Walters
Indiana Court of Appeals
Erom Eulton Circuit Court; A. O. Oapron, Judge. Suit by town of Rochester to enjoin'John Walters and others from constructing wooden building within fire limits in violation of ordinance. Erom a decree in favor of defendants, plaintiff appeals.
1Opinion of the CourtEobinsobt, J.
— An ordinance of appellant made it unlawful to erect a wooden building of any description whatever within certain designated limits prescribed in the ordinancej and provided a penalty for the violation of the ordinance. Appellant sued to enjoin appellee from erecting a wooden building within the designated limits. A demurrer to the complaint was sustained, and the only question presented is the right of appellant to maintain such an action.
The only ground upon which an injunction was asked was because the erection of the building would be a violation of the ordinance. It is perhaps true that…
2Cases cited4 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
- President of Waupun v. MooreWisconsin Supreme Court · 1874
- Mayor of Manchester v. SmythSupreme Court of New Hampshire · 1887
3Cited by8 opinions
- Board of Health v. VinkMichigan Supreme Court · 1915
- Deschamps v. BOARD OF ZONING APPEALS ETC.Indiana Supreme Court · 1961
- Perrin v. Mountain View Mausoleum Assn.California Supreme Court · 1929
- DeSchamps v. Board of Zoning AppealsIndiana Supreme Court · 1961
- Griffin v. HubbellIndiana Supreme Court · 1937
3 more not listed; retrieve them via the Exa API.