Remington v. Walthall

The opinion of the court was delivered by

Johnston, C. J.:

This action was brought by J. B. *235Remington against the city of Osawatomie, J. T. Walthall, as mayor, and W. H. Hickman, as street commissioner of the city, and also against Walthall and Hickman as individuals. The city as well as the mayor and street commissioner went out of the case upon a ruling sustaining a demurrer as to them, and the case thereafter proceeded against Walthall and Hickman alone. Remington alleged, and the proof tended to show, that he owned a home in Osawatomie which fronted on Main street, and on this street he had…