Dennison v. City of Kansas
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Under the allegations of the original and amended and supplemental petitions, a court of equity has jurisdiction to prevent the enforcement of the illegal ordinance of the City of Kansas for the paving of Grand avenue in said city, and injunction is the appropriate remedy.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Under the allegations of the original and amended and supplemental petitions, a court of equity has jurisdiction to prevent the enforcement of the illegal ordinance of the City of Kansas for the paving of Grand avenue in said city, and injunction is the appropriate remedy. State v. Saline County Court, 51 Mo. 350; 1Yewmeyer v. Railroad, 52 Mo. 81;. Mathis v. Town, 62 Mo. 504 ; Ranney v. Bader, 67 Mo. 476; Baltimore v. Radecke, 49 Md. 247 ;. Miller v. Mobile, 47 Ala. 163; Town v. Nelson, 35 Ind. 532; Dionwiddie v.…
1Opinion of the CourtNorton, C. J.
This is a bill inequity instituted by plaintiffs who are the owners of certain lots abutting on Grand avenue, a street in the City of Kansas. The suit is brought in the name of -plaintiffs for themselves and all property-owners on said street similarly situated, and the object of it Is to restrain and enjoin defendants from executing a certain ordinance passed by the city council providing for paving said Grand avenue between Twelfth and Twentieth streets with cedar blocks set on a hydraulic cement concrete foundation, nine inches thick. The petition was demurred to, the demurrer sustained,…
2Cases cited5 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Farrar v. City of St. LouisSupreme Court of Missouri · 1883
- Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
- Book v. EarlSupreme Court of Missouri · 1885
- Ranney v. BaderSupreme Court of Missouri · 1878
3Cited by11 opinions
- City of Denver v. LondonerSupreme Court of Colorado · 1905
- Flinn v. GillenSupreme Court of Missouri · 1928
- Albright v. FisherSupreme Court of Missouri · 1901
- Rahhal v. MossieMissouri Court of Appeals · 1979
- Barber Asphalt Paving Co. v. MuchenbergerMissouri Court of Appeals · 1904
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