Catts v. Town of Smyrna
Court of Chancery of Delaware
Bill to Restrain Sale of Personal Property. The complainants were the owners of unimproved real estate situate on the westerly side of Main Street, in the town of Smyrna, extending from a street in said town known as Hamilton’s Lane to Lake Como, a lake or pond which constitutes the southern boundary of the town. Main Street is a continuation through the town of.
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Bill to Restrain Sale of Personal Property. The complainants were the owners of unimproved real estate situate on the westerly side of Main Street, in the town of Smyrna, extending from a street in said town known as Hamilton’s Lane to Lake Como, a lake or pond which constitutes the southern boundary of the town. Main Street is a continuation through the town of. Smyrna of a road known as the “State Road,” running the entire length of the State of Delaware, which, according to the allegations of the bill, under Section 2,-Chapter 60, of the Revised Code of 1893, is required to be forty feet…
1Opinion of the Court
The Chancellor.
The objects of the bill being to enjoin a sale of personal property advertised for sale by a municipality in collecting an assessment for the cost of laying pavement, curb and gutters in front of land of the complainants, and in addition to effect a cancellation of the assessment, it becomes necessary to inquire first as to the jurisdiction of the court to hear and determine the matter. This question was raised by the defendants at the argument, and it was claimed that as the complainants sought to enjoin the sale of personal property the court had no jurisdiction. The law on…
2Cases cited7 opinions
- Bausman v. KelleySupreme Court of Minnesota · 1888
- Minard v. Douglas CountyOregon Supreme Court · 1881
- Niles v. RansfordMichigan Supreme Court · 1849
- Fulton v. Town of DoverSupreme Court of Delaware · 1888
- McVichie v. Town of KnightWisconsin Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Suplee v. EckertCourt of Chancery of Delaware · 1956
- McComb v. RobelenCourt of Chancery of Delaware · 1922
- Suplee v. EckertCourt of Chancery of Delaware · 1956
- Wilkes v. State Ex Rel. State Highway DepartmentSupreme Court of Delaware · 1970
- Paul Scotton Con. Co., Inc. v. Mayor & Coun. of DoverSupreme Court of Delaware · 1973
2 more not listed; retrieve them via the Exa API.