State ex rel. Smith v. Wade

The opinion of the court was delivered by

Marshall, J.:

The state prosecutes this action to enjoin the defendants from repairing and reconstructing a building on lots numbered 182, 184, 186 and 188 in Horne’s addition and located at numbers 1212, 1214 and 1216 West Eighth avenue in the city of Topeka, across the street north from the governor’s mansion. Judgment was rendered in favor of the defendants, and the state appeals. The petition alleged that defendant Wade was the owner of the property; that defendant Armstrong was a contractor engaged in the business of constructing houses and, at the…