Warden v. Hart

•TiMLiN, J.

Tbe appellant, an alderman of tbe city of Elroy and a resident and freeholder and taxpayer therein, brings this suit to enjoin W. H. Hart and Hugh Campbell from .making an excavation in a public street of that city for the purpose of constructing a platform scales under permit from tbe common council of tbe city. He makes tbe city of Elroy a party but asks no relief against it. • The answer in substance avers a permit from tbe common council of tbe city of Elroy to construct in tbe street a platform scales and a release by tbe Chicago & Northwestern Eailway Company, which is tbe…