Zehnder v. Barber Asphalt Pav. Co.

EVANS, District Judge.

When the motion in this case for an injunction pendente lite was sustained, the court, in the opinion then delivered (106 Fed. 103), expressed in strong terms its sense of the hardship of complainant’s situation, though not thereby meaning to say that the powers under which the assessment in this case had been made might not easily be abused. But as the law of the country then stood, as pronounced by the supreme court of the United States in its opinion in the case of Village of Norwood v. Baker, 172 U. S. 269, 19 Sup. Ct. 187, 43 L. Ed. 443, there was nothing left for…