Idaho Supreme Court January 26, 1909 (Stricker v. Hillis)

STEWART, J.

This action was commenced by appellant to restrain the defendants from “plowing up, fencing, or in any manner obstructing” a public highway. A demurrer was filed to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action, and was sustained by the trial court. The plaintiff declined to amend, and judgment was entered for the defendants.