Regennitter v. Fowler

The parties appear in this Court in the same order as in the trial court, and we will hereinafter refer to them as they appeared below, or by name.

Defendants filed a motion to dismiss the complaint of plaintiff on the ground that it failed to state a claim upon which relief could be granted. The trial court sustained the motion and entered judgment in favor of defendants, and plaintiff, seeking reversal of the judgment, brings the cause to this Court for review by writ of error.

In his complaint plaintiff -alleged that he was the owner of property in the city of Idaho Springs, adjacent to…