Kiehl v. Jamison

The opinion of the court was delivered by

Porter, J.:

The plaintiff, Sarah C. Kiehl, on July 5, 1907, commenced this suit against the defendant, G. M. Jamison, to enjoin him from unlawfully entering upon her land. The defendant claimed that the land he was about to enter upon was a public street unlawfully fenced by the plaintiff. The case was tried on an agreed statement of facts, and judgment rendered in favor of the plaintiff perpetually enjoining the defendant. There was a motion for a new trial, which the court granted, and the judgment was set aside. Plaintiff prosecutes this proceeding,…