Fairchild v. City of Holton

The opinion of the court was delivered by

Dawson, J.:

In this action the plaintiffs sought to enjoin the city of Holton and its officers from paving three blocks of Fifth street, the principal thoroughfare extending east and west in that city. Theretofore seven blocks of the street had been paved, and the proposed improvement was an extension of that paving except for a hiatus of one block; that is to say, there were seven blocks of completed paving, one block to remain unpaved for the time being, and the proposed paving of three blocks involved in this suit.

Pursuant .to section 1764 of the…