City of Kansas City v. Burke

*532The opinion of the court was delivered by

Porter, J.:

The action in the district court was brought by the city to enjoin the defendants from obstructing a public street and to quiet its title to the use of the land for the purposes of a highway. The court granted the relief prayed for and the defendants have appealed.

Many of the errors complained of are highly technical, and some of the questions are raised here for the first time. One of the principal contentions argued is that the court should have sustained an objection to any testimony on the ground that the petition fails to state a cause…