Marshall v. City of Osborne

The opinion of the court was delivered by

Mason, J.:

J. W. Marshall and several others brought an action to enjoin the collection of an assessment levied upon their property to pay for the paving of streets on which it abuts in Osborne, a city of the second class. The petition was drawn in three counts, although really but one cause of action was attempted to be stated. A demurrer was filed to each count on three grounds — the failure to state sufficient facts, the misjoinder of parties plaintiff, and the misjoinder of causes of action. The demurrer was sustained, the ruling being based…