Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1909-09-01
THE DEMURRER
is SUSTAINED
Judge Dunn Dismisses Damage
Case Against the City.

@SN~s ~ ~ NtANN @AAAuWr tNG AAA0A~
ney for the Occur d'Alene Lumber
company. received telephone mes
sage from Judge Dunn. who is now
holding d special term Of court at
Standpoint. which stated that in the
case Of Huldah A. Canady. plaintiff,
vs.. Occur d'AIene Lumber company.
a corporation. and the city Of Occur
d'Alene. defendants. the demurrer
OF the lumber company TO the COM
plant OF Mrs. Canady has been suS-
tanned on the ground that the COM
plant does not state facts sufficient
to constitute a cause OF action. The
demurrer OF the city OF Occur
d'Alene 10 the complaint In said ac-
ton was also sustained upon the
same ground. and the plaintiff Is By
the order Of Judge Dunn given
twenty days In which to amend her
complaint. The order was made to-
day by Judge Dunn.
When these demurrers we're ar
gued 10 the complaint X. e. McFar-
land represented the Occur d'AIene
Lumber company and c. l.. Hoffman
and X. l.. Black the city OF Occur
d Alene, and II. p. knight and Edwin
McBee, Mrs. Canady.
The complaint was served on the
18th day OF June, this year, and Is
the action brought on by the plain
till, in which she asked that the ac-
ton of the city council, with relation
to certain number OF streets In the
city OF Occur d'Alene. which we're
declared vacated several years ago,
be declared null and void, and that
the Occur d'Aiene Lumber company
be perpetuaily enjoined from oh
structing the streets by It's plant and
lumber yards; and also asking that
the city OF Occur d'Alene pay dam
ages to the amount OF S25. 900, and
also that the Occur d'Alene Lumber
company pay like sum OF damages
for the obstruction OF the streets.
The plaintiff alleged first in her
that she was the owner OF
property lying along the lake shore.
which Is known az Tubbs' addition to
the city OF Occur d'Alene. and that
1t Is OF the value Of $4,000 for res
idential and commercial purposes. l,
was then alleged that the plaintiff
had no access TO the property excep.
through certain streets. and that
these were declared vacated by the
city council and were INSTRUCTED by
the plant and lumber yard OF the
Occur d'Alene Lumber company. The
streets named are MniIan, Lake,
Plant, First. Second, Third and
Fourth: and 1t was alleged that the
action in vacating them was
Illegal. and also that the company's
obstruction OF them was illegal.
The plaintiff concluded her com
plant by praying that the court de-
clare the action of the council In
vacating the streets as null and void
that the Occur d'AIene Lumber com
pany be perpetually enjoined from
obstructing them. and that the com
pany and the city OF Occur d'Aiene
be made TO pay damages to the
plaintiff in the sum OF 425 900 each.
The attorneys for the defendant
filed a separate demurrer, In
which they allege. among other
things that the complaint so
far as concerns the demurrlng de-
PENDANT, does not state facts suhiclent
TO constitute q cause OF action
against the defendant: that II APP
pears By the complaint that the
plaintiff therein has neglected 20 avail
herself Of any rights which she may
have had under the facts stated in
said complaint and In the premises
for an undue and unreasonable
length OF time. and that she has been
guilty of such iaehes as to bar her
from the relief prayed By the COM
plant. or from any relief In equity
ag against the defendant. or from
any other relief against the defend
ant whatever; that there Is a mIsJoin-
der OF parties defendant By the CON-
plant therein--that Ia 10 say. that
the defendant. Occur d'Alene Lam
Der company. Is improperly Joined
with the defendant. the city OF Occur
d'Alene. a municipal corporation, as