Lemmon v. Town of Guthrie Center
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. H. Apple-gate, Judge. 1 2An ordinance'of the incorporated town of Guthrie Center fixed fire limits, and prfiohibited the establishment or erection of buildings or additions therein of wood or combustible materials, fixed a penalty for its violation, directed! the mayor or marshal to notify any one violating the ordinance to desist therefrom, and, upon failure to desist or remove, as notified, within two days, authorized either…
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Appeal from Guthrie District Court. — Hon. J. H. Apple-gate, Judge. 1 2An ordinance'of the incorporated town of Guthrie Center fixed fire limits, and prfiohibited the establishment or erection of buildings or additions therein of wood or combustible materials, fixed a penalty for its violation, directed! the mayor or marshal to notify any one violating the ordinance to desist therefrom, and, upon failure to desist or remove, as notified, within two days, authorized either the mayor or marshal to enter the premises, and abate or remove the building's and addition at the owner’s expense. The'…
1Opinion of the CourtLadd, J.
3 *394 *38If the admonition of the judge in the notice of the hearing, not to interfere with the building, be regarded as a restraining order, no ruling was ever entered on the motions to dissolve. These appear to be undisposed of, and, until some ruling by the trial judge or coux*t is had, the propriety of making such an order without notice canxxot be questioned in this court. Even were it unauthorized, that fact would furnish no reason for not issuing the temporary writ after a full hearing- Nor did the pendency of the proceedings before the mayor of Guthrie Cefi-' tei’, in which a writ of…
2Cases cited18 opinions
- Brady v. North Western InsuranceMichigan Supreme Court · 1863
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Baumgartner v. HastyIndiana Supreme Court · 1885
- Dudley & Carpenter v. Hurst, Miller & Co.Court of Appeals of Maryland · 1887
- Ryan v. BrownMichigan Supreme Court · 1869
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3Cited by12 opinions
- Beem v. DavisIdaho Supreme Court · 1918
- Town of Gallup v. ConstantNew Mexico Supreme Court · 1932
- Maguire v. ReardonCalifornia Court of Appeal · 1919
- State Security Bank v. HoskinsSupreme Court of Iowa · 1906
- Seaboard All Florida Railway Co. v. UnderhillSupreme Court of Florida · 1932
7 more not listed; retrieve them via the Exa API.