State ex rel. Hoffman v. Swift & Co.

The opinion of the court was delivered by

Harvey, J.:

This is an action in the name of the state on the relation of the county attorney to enjoin defendants from maintaining a structure and business alleged to constitute a public nuisance on one of the strees of the city of Salina, and to require the removal and abatement thereof. Defendants’ demurrer to the petition was overruled, and they have appealed from that ruling. Later, defend*818ants having elected to stand on their demurrer and not to plead further, a default judgment was rendered for plaintiff as prayed. Defendants’ motion for a new…