Smith v. City of Courtland

The opinion of the court was delivered by

Mason, J.:

The City of Courtland, a city of the third class, let a contract for curbing and guttering certain streets. An action was brought by several owners of abutting property, seeking to enjoin the carrying out of the contract and the levying of assessments to pay for the work. On final hearing a permanent injunction was granted, but further-proceedings under the resolutions declaring' the improvement necessary were expressly allowed. The defendants appeal.

The principal objection made to the power of the city to make the improvements referred to,…