City of Paola v. Wentz

*149The opinion of the court was delivered by

MASON, J.:

In order to clear the way for the building of a sidewalk, officers of the city of Paola were about to cut'down three shade trees standing in the street, when Margaret A'. Wentz, the owner of the abutting property, brought a suit to prevent this, and upon final hearing procured an injunction against it, which the city now seeks to have set aside.

The petition set out in general terms that the proposed act was wrongful. The answer alleged that the trees stood within the space designated by the ordinance for sidewalks; that the city was…