Lake Erie & Western Railroad v. Town of Boswell

This was a suit to enjoin the appellants from interfering with the free use of a public street in the town of Boswell, in Benton county.

It is first alleged as error that the court overruled appellants, motion to dismiss the case and dissolve the injunction, for the reason that the complaint was insufficient as to all the plaintiffs. This error was more properly reached by the demurrer to the complaint, on the filing of which the court permitted the substitution of the town *337of Boswell as plaintiff instead of the trustees of the town. An amended complaint was then filed, whereupon the defect in…