City of Lewiston v. Brinton

— Respondent, City of Lewiston, instituted this action to procure by eminent domain a permanent way for a public alley over and across a parcel of land belonging to appellant, Caleb Brinton, the only party defendant. Appellant demurred on the grounds that the complaint did not state facts sufficient to constitute a cause of action and that it showed upon its face a defect of parties defendant, because the complaint alleged that certain parties named therein held easements over the strip sought, which demurrer was overruled and the appellant answered, denying the right of the city to condemn;…