Boise City v. Sinsel

PORTER, Justice.

By this action, appellant seeks a mandatory injunction commanding respondents to eliminate and remove an encroachment and obstruction consisting of part of a building, situate upon a public street of Boise City, and seeks a permanent injunction restraining respondents from obstructing such street. The cause was tried to the court sitting without a jury. The court' made findings of fact, contusions of law and entered judgment dismissing the action. From such judgment appellant appeals to this court.

The controlling facts in this case are not seriously contested. In the year 1867…