American Furniture Co. v. Town of Batesville

The action herein was by the appellee, as an incorporated town, to declare an obstruction of one of her streets a nuisance, for the abatement of such obstruction, and for damages.

The appellant first complains of the action of the circuit court in overruling a demurrer to the first and second paragraphs of complaint. The point urged is that by section 3333, subdivision 4, R. S. 1881, towns possess the power “to declare what shall constitute a nuisance, and to prevent, abate and remove the same”; that such power permits a remedy excluding a resort to the courts for such purposes.

The argument is…