City of Alma v. Loehr
Decision Date | 05 October 1889 |
Citation | 22 P. 424,42 Kan. 368 |
Parties | THE CITY OF ALMA v. HENRY LOEHR |
Court | Kansas Supreme Court |
Error from Wabaunsee District Court.
THE opinion states the facts. Judgment for plaintiff Loehr, at the November term, 1887. The defendant brings the case here.
Judgment reversed and cause remanded.
W. A Doolittle, for plaintiffs in error.
J. T Keagy, for defendant in error.
OPINION
This action was commenced in the district court of Wabaunsee county, by the defendant in error, under article 7, chapter 36, Compiled Laws of 1885. The suit was to permanently restrain the officers of the city of Alma, a city of the third class, from executing, issuing and delivering certain bonds for general improvements, voted at an election held on the 18th day of July, 1887, alleging that said election was without authority of law, fraudulent, and void. A restraining order and a temporary injunction were both issued and served. The city officers answered, and with other defenses alleged that before the restraining order or the temporary injunction was served upon them, or any one of them, and before they had any notice of the issuance of the same, the said bonds had been executed, issued, sold, and delivered. At the trial, the court made special findings of fact, and among them is the following:
The trial court also found as a conclusion of law, that the plaintiff below is entitled to a perpetual injunction to enjoin and restrain the defendants from executing, issuing or delivering the bonds voted at said election. The only error assigned...
To continue reading
Request your trial-
Andeel v. Woods
...that wrongs already committed, or acts done whether lawful or unlawful, cannot be corrected or prevented by injunction. City of Alma v. Loehr, 42 Kan. 368, 22 P. 424; Knight v. Hirbour, 64 Kan. 563, 67 P. 1104. It is a rule of practice that this court will not consider and decide questions ......
-
Alabama Power Co. v. City of Guntersville
... ... prospectively only. McElderry v. Abercrombie, Supt. of ... Education, et al., 213 Ala. 289, 104 So. 671; City ... of Alma v. Henry Loeher, 42 Kan. 368, 22 P. 424; ... Miller et al. v. Park City et al., 126 Tenn. 427, ... 150 S.W. 90, Ann.Cas.1913E, 83; Charles ... ...
-
Wilson v. Boise City
...etc. Co. v. Dey, 35 F. 866, 1 L. R. A. 744; 2 High on Injunctions, 3d. ed., sec. 1495; Delgar v. Johnson, 44 Cal. 182; City of Alma v. Loehr, 42 Kan. 368, 22 P. 424; Gardner v. Stroever, 81 Cal. 148, 22 P. 483, 6 L. A. 90; Callan v. Board of Fire Department, 45 La. Ann. 673, 12 South, 834; ......
-
True v. McCoy
... ... acts done whether lawful or unlawful, cannot be corrected or ... prevented by injunction. (City of Alma v. Loehr, 42 ... Kan. 368, 22 P. 424; Knight v. Hirbour, 64 Kan. 563, 67 P ... 1104.) It ... ...