Forsythe v. City of Hammond
Forsythe v. City of Hammond
Opinion of the Court
The appellants have filed and presented for our consideration their verified petition to stay the exercise, by the appellee, of any of the functions of government over the lands of the appellants, adjudged by the circuit court, in this case, to have been annexed to said city, and to restrain the consideration of said judgment of annexation in the elections, taxation and internal improvements of said city.
The threatened exercise of none of the acts so sought to be restrained is alleged to be imminent, excepting that
With respect to the allegations of threatened taxation, street improvements, etc., as affecting the lands annexed, there is not, as we have said, any showing of immediate and imperious necessity for interference, and the extraordinary power of injunction will not be exerted unless such necessity appears. This much we may say without committing ourselves to the question of the existence of power in the court to restrain any of such acts if they were imminent. But when not essential to enable the fullest effect to be given to any decision we may make upon the merits of the main case, we seriously doubt the existence of that power.
The petition, therefore, is overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.