Newkirk v. Watson

Action by appellees against appellant to abate a nuisance and for damages to appellees’ real estate. There was a judgment for plaintiffs abating the nuisance and for $100 damages. Defendant appeals and contends: (a) That the trial court had no jurisdiction of the cause; (b) that the court erred in overruling her demurrer to the complaint; and (c) in overruling her motion for a new trial.

The record shows that on October 3, 1925, the plaintiffs dismissed the cause and were given leave to withdraw papers from file. Four days later, the parties appeared, the cause was reinstated and the defendant…