De Lucca v. City of North Little Rock
U.S. Circuit Court for the District of Eastern Arkansas
In Equity. . On demurrer to bill. The complainant, who is a citizen of the state of California, seeks by this bill to enjoin the city of North Little Rock, a municipal corporation existing under the laws of the state of Arkansas, from constructing a viaduct along and upon Newton avenue or Main street of said city, for the construction of which it had entered into a contract with its codefendant.
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In Equity. . On demurrer to bill. The complainant, who is a citizen of the state of California, seeks by this bill to enjoin the city of North Little Rock, a municipal corporation existing under the laws of the state of Arkansas, from constructing a viaduct along and upon Newton avenue or Main street of said city, for the construction of which it had entered into a contract with its codefendant. It is charged that, at the time of the passage of the ordinance of the city authorizing the construction of this viaduct and before the incorporation of .said city, the St. Louis Iron Mountain &…
1Opinion of the CourtTrieber, District Judge
(after stating the facts). As there is a diversity of citizenship, the jurisdiction of this court may be maintained upon that ground without determining whether the complainant is, by-the action of the city, deprived of any right guarantied to him by the Constitution of the United States which would authorize him, if there were no diversity of citizenship, to invoke the jurisdiction of this court.
The Constitution of the state of Arkansas provides in the Bill of Rights, article 2, § 22:
“Tbe right of property is before and higher than any constitutional sanction; and private property shall not…
2Cases cited24 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Manigault v. SpringsSupreme Court of the United States · 1905
- Scranton v. WheelerSupreme Court of the United States · 1900
- New York City v. PineSupreme Court of the United States · 1902
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
19 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
- In re T. H. Bunch Co.District Court, E.D. Arkansas · 1910
- Cubbins v. Mississippi River CommissionDistrict Court, E.D. Arkansas · 1913
- Bennett v. SemmesDistrict Court, E.D. Arkansas · 1923