State Ex Rel. Cole v. City of Garnett

The opinion of the court was delivered by

Wertz, J.:

This was an action by the State on relation of the county attorney of Anderson county to declare the acts of the board of county commissioners of the county in granting an easement, to a certain portion of the courthouse square to the city of Garnett, illegal and to enjoin the city from proceeding to widen the street surrounding the courthouse square. From an order of the trial court sustaining a demurrer to the amended petition, plaintiff appeals.

This is the second time the case has reached this court. The pleadings involved in the former…