State Ex Rel. Fatzer v. Barnes

The opinion of the court was delivered by

Harvey, C. J.:

This was an action by the state on the relation of the attorney general for a mandatory injunction requiring defendants to move a certain levee or dike and restore the land to its former elevation; and further, to enjoin defendants from repairing, improving or maintaining the levee. The appeal is from an order of the court sustaining defendants’ demurrer to plaintiff’s second amended petition.

Briefly summarized the petition alleges that the action is brought under and by virtue of the laws of the state of Kansas, and particularly G. S.…