Legal Opinion

City of Marlin v. Holloway

Court of Appeals of Texas

Decided January 31, 1917No. 5812PublishedCited by 1 opinion

Appeal from District Court, Falls County; Richard I. Munroe, Judge. Suit by J. C. Holloway and others against the City of Marlin and others. From a- judgment granting temporary injunction, defendants appeal.

1Opinion of the CourtJenkins, J.

This is an appeal from a judgment of the district court of Falls county granting a temporary injunction against the city of Marlin, whereby it was restrained from the erection of a sewerage plant, which it was alleged would create a nuisance and inflict irreparable injury upon the plaintiffs in said cause.

[1] It is well settled that injunction is a proper remedy to prevent the creation of a nuisance by a municipal corporation. 29 Cyc. 1180, 1185, 1187, 1188; San Antonio v. Hamilton, 180 S. W. 160; Stark v. Coe, 134 S. W. 373-378; Lowe v. Cemetery Ass’n, 58 Neb. 94, 78 N. W. 488, 46 L. R. A.…

2Cases cited9 opinions

  1. Edwards v. Allouez Mining Co.Michigan Supreme Court · 1878
  2. Peterson v. City of Santa RosaCalifornia Supreme Court · 1897
  3. Lone Star Lodge, Knights & Ladies of Honor v. ColeCourt of Appeals of Texas · 1910
  4. Lowe v. Prospect Hill Cemetery Ass'nNebraska Supreme Court · 1899
  5. State v. City of ConcordiaSupreme Court of Kansas · 1908

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3Cited by1 opinion

  1. City of Wichita Falls v. WhitneyCourt of Appeals of Texas · 1928

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