Hueftle v. EUSTIS CEMETERY ASSOCIATION

This is an action for injunction. The appeal presents primarily the question as to whether or not the word “city” in the first sentence of section 12-515, R. R. S. 1943, includes “village.” By sustaining a general demurrer to plaintiff’s petition, the trial court held that it did not. Plaintiff, given leave to file an amended petition, did not do so. His action was dismissed. He ap peals. We affirm the judgment of the trial court.

Plaintiff alleged condemnation proceedings by the defendant, Eustis Cemetery Association; that the land involved was “located within a distance of less than one mile…