Ewan v. Stenberg

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

Plaintiffs appeal from a summary judgment entered for defendants in the district court, Sweet Grass County.

Plaintiffs’ amended complaint alleged a right of way by prescription or a public way across Stenberg’s land or, in the alternative, to condemn a way of necessity. All defendants filed motions to dismiss and to strike. Defendant Stenberg was ordered to show cause why injunctive relief should not be granted. The district court treated the motions as being-for summary judgment. Stenberg has filed no answer. The testimony…