Griffith v. Pence

The opinion of the court was delivered by

McElroy, J.:

This action was instituted by John Griffith in the district court of Shawnee county against O. S. Pence, W. F. Dennison and Newton Resor for an injunction to restrain the defendants from digging a drainage ditch on plaintiff’s land. The defendants demurred on the ground that the pe*254tition did not state facts sufficient to constitute a cause of action. The court sustained the demurrer, and rendered judgment against the plaintiff for costs of suit. John Griffith, plaintiff, as plaintiff in error, presents the record to this court for review.…