Keith v. Wilson

— This was a suit, brought by the appellants, to enjoin the appellees, who are the town trustees and marshal of the town of Rochester, from proceeding to enforce an ordinance, passed by said trustees for the construction of a sidewalk in said town.

A demurrer was sustained to the complaint, and this ruling presents the only question for our consideration.

The ordinance in question was passed under provisions of “An act to compel owners of town lots to grade and pave or plank sidewalks, and fixing the penalty thereto.” Approved February 14,1859. Acts 1859, 184, sections 4394-4397, R, s'. 1894…