Burr v. Town of Newcastle

This was a proceeding by the appellee, to enjoin the appellant from constructing a sidewalk in front of his property, on the north side of Broad street, immediately east of Main street, upon the ground that he was constructing the same on a grade ten inches higher than that established by the ordinance of the said town.

A demurrer was overruled to the complaint, and this ruling is assigned for-error and presents the first question for ■our decision.

Three objections are urged to the complaint:

*3231. That the ordinance set out in the complaint is void, for the reason that it does not appear that a…