City of Osawatomie v. Slayman

The opinion of the court was delivered by

Robb, J.:

This action was commenced by the city to require the defendants to move a building they had constructed at the rear of their property. The city contended the action was a suit in equity while defendants claimed it was an action at law. The trial court held it to be an equitable action for mandatory injunction and thereunder required defendants to move their building from the one foot and seven inches which it extended into and over land also determined by that court to constitute an alley. From this judgment granting the mandatory injunction…