State ex rel. McLeod v. District Court

This is an original application for a writ of prohibition. It appears that on February 10, 1923, the city of Livingston, one of the municipal corporations of the state, commenced an action in the district court of Park county against the relator and his wife, Florence M'cLeod, for the purpose of condemning and taking for a public highway a strip of improved land belonging to the relator, consisting of about one acre. A general demurrer to the complaint having been overruled, the defendant answered, denying the plaintiff’s right of condemnation. Upon hearing it was stipulated that the land…