A Treatise On the Law of Injunctions volume 2

Cover A Treatise On the Law of Injunctions volume 2
A Treatise On the Law of Injunctions volume 2
James L James Lambert High
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, 402, 65 Am. St. Rep. , & C. R. Co. , 21 III. , 516. 625; Douglass r. City Council, 118 41 Lawrence v. Mayor, 2 Barb. , Ala. , 599, 24 So. , 745, 43 L. R. A. , 577. 376. And see this last case as to 42 Dudley r. Trustees, 12 B. Mon. , whether a resident taxpayer who 610. Is not an abutting owner may 43 Cooper V. Alden, Harring. Maintain the action. And see. (Mich. ), 72; Marshall r. Commis- atite, § 855.
1294 ixjuxcTioxs. [chap. Xxi.
^ 1270. Opening streets over lands of state; construction of
... additional street railway. The power which is conferred by a state upon a municipal corporation to lay out streets is not an absolute power to be asserted as against the state itself, but is subordinate to the sovereign power of the state over its own lauds. Such corporation may, therefore, be restrained from laying out its streets over lands of the state without its consent being first obtained, since in delegating to a munici- pality the power to lay out streets, the state can not be pre- sumed to have granted authority to do so against its own sovereign rights over its own property, without its consent.

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