Wilson v. New Castle City

Opinion by

Mr. Justice Kephart,

The City of New Castle advertised for bids for repaving parts of three separate streets.. Taxpayers, averring the city had accepted a bid higher than the lowest, brought this bill to restrain the city from executing the contract. The court below dissolved the preliminary injunction.

The only assignment of error is to the decree. We have stated that where the final decree only is assigned, we will not go beyond the findings of fact to ascertain if the decree was justified. The evidence submitted to sustain them will not be inquired into. As a general rule, in an…