City of Enterprise v. Smith

The opinion of the court was delivered by

Doster, C. J.:

The city of Enterprise owns all of its water-works system or plant except the well from which the water-supply is drawn ; that is owned by one Guilford Smith. The city, acting under chapter 82, Laws of 1897 (Gen. Stat. 1899, §§ 653-665; Gen. Stat. 1897, ch. 39,. §§ 9-27), instituted an action to condemn the land of Smith, upon which the well was situated. A demurrer to its petition for insufficiency of facts stated was filed. The demurrer was sustained, and from the order sustaining it error has been prosecuted to this court.

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