Echcandia v. Municipality of San Sebastian

IIaMiltoN, Judge,

delivered tbe following opinion:

In this cause complainant alleges that she owns a certain tract of land within the municipal limits of San Sebastian, and that *154the said municipality has, against her will and without legal proceedings and without payment of damages, opened a public road through the property. She asks that the municipality be enjoined and the road closed until proper proceedings for condemnation and payment therefor.

1. The defendant in the first place denies that the plaintiff has the requisite citizenship to bring this suit, and sets up that she is a Porto…