Gallegos v. Conroy

ZINN, Justice.

From a decree enjoining the state highway commission, its engineers and R. S. Gonroy, from constructing a road to be used for highway purposes on a right of way donated for that purpose to the state by defendant Conroy, this appeal is prosecuted. The defendants, with the exception of defendant. Conroy, demurred to the complaint, which was overruled, and, defendants electing to stand on the demurrer, the decree was entered. Defendants rely upon one ground for reversal. The plaintiffs raise some additional points to sustain the decree, on the theory that all facts, properly…