Rush v. Concrete Materials & Construction Co.

The opinion of the court was delivered by

Thiele, J.:

Plaintiffs instituted this action to enjoin the maintenance of an alleged nuisance. The defendants’ demurrer to the petition was overruled and they have appealed.

The petition contained twenty-five numbered paragraphs and attached to it was a copy of a long and detailed lease. No attempt will be made to abstract all of the allegations of the petition, our statement thereof being deemed sufficient to discuss appellants’ specification of errors.

The petition alleged the status of the plaintiffs and of the defendants; that plaintiffs owned…