SMITH v. HARRIS

No. 39,652

178 Kan. 183 (1955)

284 P.2d 611

RAY and MARIE SMITH, Appellants, v. CLAUD B. and LOTTIE E. HARRIS, Appellees.

Supreme Court of Kansas.

Opinion filed June 11, 1955.


Attorney(s) appearing for the Case

Herbert L. Lodge, of Olathe, argued the cause, and Howard E. Payne, of Olathe, and Seth S. Lacy, of Kansas City, Missouri, were with him on the brief for the appellants.

John Anderson, Jr., of Olathe, argued the cause, and was on the brief for the appellees.


The opinion of the court was delivered by

THIELE, J.:

This was an action to enjoin the defendants from preventing use of a driveway by plaintiffs. The trial court denied the relief sought and the plaintiffs appeal, specifying as errors the overruling of their demurrer to a part of the defendants' answer and the sustaining of defendants' motion for judgment on the pleadings.

In view of our conclusions later...

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