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CITY OF OSAWATOMIE v. SLAYMAN

No. 40,874

182 Kan. 770 (1958)

323 P.2d 910

THE CITY OF OSAWATOMIE, a Municipal Corporation, Appellee, v. J.A. SLAYMAN and ETHEL SLAYMAN, Appellants.

Supreme Court of Kansas.

Opinion filed April 12, 1958.

Attorney(s) appearing for the Case

Karl V. Shawver, Jr., of Paola, argued the cause, and Karl V. Shawver, of Paola, was with him on the briefs for the appellants.

Willis H. McQueary, of Osawatomie, argued the cause and was on the briefs for the appellee.

The opinion of the court was delivered by

ROBB, J.:

This action was commenced by the city to require the defendants to move a building they had constructed at the rear of their property. The city contended the action was a suit in equity while defendants claimed it was an action at law. The trial court held it to be an equitable action for mandatory injunction and thereunder required defendants to move their building from the one foot and seven inches which...

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