State Ex Rel. Cole v. City of Garnett

The opinion of the court was delivered by

Wertz, J.:

This was an action by the State on the relation of'the county attorney of Anderson county to enjoin the city of Garnett and its agents from proceeding to widen the street surrounding the courthouse square. From an order of the trial court overruling their demurrer to plaintiff’s petition, defendants appeal.

Appellee, the State, will be hereinafter referred to as plaintiff or the State, and appellant, the city of Garnett, as defendant or City.

The over-all picture to be gleaned from the lengthy, involved petition, giving that pleading the…