Malaski v. Farris

Opinion iby

JONES, C.

This action was instituted in the superior court of Pottawatomie county, September 9, 1922, by defendant in error, plaintiff in lower court. Plaintiff alleged damages in the sum of $700 on account of certain actions and conduct on the part of the defendants, in that the defendants had forbidden this plaintiff to use a certain roadway.

The defendants answered by general denial, and further answering pleaded res ad-judícala, and filed counterclaim setting out various items of damage aggregating the sum of $700. When the case was called to trial and plaintiff offered evidence…