Klotz v. Board of County Commissioners

The opinion of the court was delivered by

Parker, J.:

In this action plaintiff seeks a mandatory injunction to compel the defendant, The Hoard of County Commissioners of Ellsworth County, to remove obstructions in a road which are causing water to overflow on her adjacent lands. The appeal is from an order overruling a demurrer to the petition.

The action was commenced on September 9, 1953, by the filing of a petition which, omitting formal allegations of no consequence and its prayer, reads:

“That tire plaintiff is now and has been for more than thirty years last past the owner and in possession…