City of Larned v. Boyd
Supreme Court of Kansas
Error from Pawnee district court; Charles E. Lobdell, judge. STATEMENT. This suit was brought in the district court of Pawnee county to have a triangular tract of land between the right of way of the Atchison, Topeka & Santa Fe Railway Company and Broadway in the city of Larned declared a public highway, and to have a certain obstruction therein, called the “hole-in-the-wall,” declared a nuisance and to abate and enjoin the defendants from maintaining the same.
Read the full summary
Error from Pawnee district court; Charles E. Lobdell, judge. STATEMENT. This suit was brought in the district court of Pawnee county to have a triangular tract of land between the right of way of the Atchison, Topeka & Santa Fe Railway Company and Broadway in the city of Larned declared a public highway, and to have a certain obstruction therein, called the “hole-in-the-wall,” declared a nuisance and to abate and enjoin the defendants from maintaining the same. This triangular tract was originally platted as a part of Fourth street, and lies east of the square formed by the junction of that…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Several questions of practice are raised, growing out of a plea in abatement, motion for judgment, and demurrers, but we find nothing worthy of special notice except the demurrer to the answer. The answer purported to set up four defenses, and the plaintiff demurred generally to the entire answer and also to each separate defense, and finally to certain paragraphs of the third defense. A separate defense either does or does not state facts sufficient to constitute a complete or partial defense to the cause of action set forth in the petition,…
2Cases cited1 opinion
- Ayers v. Board of CommissionersSupreme Court of Kansas · 1887
3Cited by2 opinions
- Rose v. BoyerSupreme Court of Kansas · 1914
- State ex rel. Brewster v. LevittSupreme Court of Kansas · 1915