Smith v. Harris

The opinion of the court was delivered by

Thiele, J.:

This was an action to enjoin the defendants from preventing use of a driveway by plaintiffs. The trial court denied the relief sought and the plaintiffs appeal, specifying as errors the overruling of their demurrer to a part of the defendants’ answer and the sustaining of defendants’ motion for judgment on the pleadings.

In view of our conclusions later stated, it is not necessary that a detailed review be made of the pleadings.

In the first five paragraphs of their petition, plaintiffs allege the status of the parties and that they acquired…