LIBERTY NAT. BANK OF CHI. v. Metrick

The Liberty National Bank of Chicago, as trustee under a certain trust, brought suit against the Metrick Electric Company and the Checker Taxi Company, praying for a mandatory injunction to compel the removal of a metal telephone pole inserted along the edge of the sidewalk abutting premises claimed to be owned by the plaintiff. Appellees filed a motion to dismiss the complaint. The trial court sustained the motion and dismissed the complaint for want of equity. The decretal order contained a certificate of the trial judge that the validity of a municipal ordinance is involved and that public…